Case C-494/22 P: Judgment of the Court (Third Chamber) of 5 September 2024 – European Commission v Czech Republic, Kingdom of Belgium, Republic of Poland (Appeal – Own resources of the European Union – Financial liability of a Member State – Payment to the European Commission of amounts corresponding to a loss of own resources – Action based on unjust enrichment of the European Union – Obligations of the Member States with regard to own resources – Establishment of the amounts of own resources – Entry of amounts not recovered in the B account – Time limits – Exemption from making available amounts corresponding to established entitlements declared irrecoverable – Conditions)
Date: 2024-09-05
Institutions: Court of Justice
Subjects: Laos, customs duties, import (EU), originating product, own resources, payment, smoking








C_202406052EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6052


21.10.2024






Judgment of the Court (Third Chamber) of 5 September 2024 – European Commission v Czech Republic, Kingdom of Belgium, Republic of Poland


(Case C-494/22 P)
                (1)

(Appeal - Own resources of the European Union - Financial liability of a Member State - Payment to the European Commission of amounts corresponding to a loss of own resources - Action based on unjust enrichment of the European Union - Obligations of the Member States with regard to own resources - Establishment of the amounts of own resources - Entry of amounts not recovered in the B account - Time limits - Exemption from making available amounts corresponding to established entitlements declared irrecoverable - Conditions)
(C/2024/6052)
Language of the case: Czech

Parties


Appellant: European Commission (represented by: J.-P. Keppenne, T. Materne and P. Němečková, acting as Agents)

Other parties to the proceedings: Czech Republic (represented by: L. Březinová, O. Serdula, M. Smolek and J. Vláčil, acting as Agents), Kingdom of Belgium (represented initially by S. Baeyens and J.-C. Halleux and subsequently by S. Baeyens, P. Cottin and C. Pochet, acting as Agents), Republic of Poland (represented by: B. Majczyna, A. Kramarczyk-Szaładzińska and R. Stańczyk, acting as Agents)

Intervener in support of the defendant: Kingdom of the Netherlands (represented by: M.K. Bulterman, A. Hanje and J. Langer, acting as Agents)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 11 May 2022, Czech Republic v Commission (T-151/20, EU:T:2022:281), inasmuch as it upheld, in point 1 of the operative part of that judgment, the action of the Czech Republic in so far as it concerns the repayment by the European Commission of the sum of 17 828 399,66 Czech koruny (CZK) (approximately EUR 700 000) paid in respect of the European Union’s own resources;










2.


Dismisses the action in Case T-151/20 inasmuch as it concerns the repayment by the Commission of the sum of CZK 17 828 399,66 (approximately EUR 700 000) paid in respect of the European Union’s own resources;










3.


Orders the Czech Republic to bear its own costs and to pay those incurred by the Commission in relation to both the proceedings at first instance and the appeal proceedings;










4.


Orders the Kingdom of Belgium, the Kingdom of the Netherlands and the Republic of Poland to bear their own costs.






(1)  
            OJ C 340, 5.9.2022.


ELI: http://data.europa.eu/eli/C/2024/6052/oj
ISSN 1977-091X (electronic edition)