CELEX: C2005/093/10
Language: en
Date: 2005-04-16 00:00:00
Title: Case C-19/05: Action brought on 20 January 2005 by the Commission of the European Communities against the Kingdom of Denmark

16.4.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 93/5
            
         Action brought on 20 January 2005 by the Commission of the European Communities against the Kingdom of Denmark
   (Case C-19/05)
   (2005/C 93/10)
   Language of the case: Danish
   An action against the Kingdom of Denmark was brought before the Court of Justice of the European Communities on 20 January 2005 (fax 14.01.) by the Commission of the European Communities, represented by N. B. Rasmussen and G. Wilms, with an address for service in Luxembourg.
   The Commission of the European Communities claims that the Court should:
   
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               declare that, by failing to pay the Commission the sum of DKK 18 687 475 as own resources, together with default interest from 27 July 2000, the Kingdom of Denmark has failed to fulfil its obligations under Community law, in particular Article 10 EC and Articles 2 and 8 of Council Decision 94/728/EC, Euratom (1) of 31 October 1994 on the system of the European Communities' own resources;
            
         
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               order the Kingdom of Denmark to pay the costs.
            
         Pleas in law and main arguments
   The amount referred to in the application represents the duty that the Danish customs authorities omitted to collect in the period 1994-1997 from an undertaking wrongly permitted by the said authorities to import certain goods at zero rate. That permission was given as concerning goods intended for incorporation in or for fitting to or equipping ships, boats or other vessels in accordance with Council Regulation (EEC) No 2658/87 (2) of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, Annex 1, Section II. The goods were, however, intended for the manufacture of containers and could not, as was later acknowledged by the Danish authorities, be covered by the said provision.
   The Danish authorities have unlawfully failed to make the said amount available to the Commission as own resources. The claims made in this connection correspond to those made by the Commission in its application against Denmark in Case C-392/02 (3).
   
      (1)  OJ L 293 of 12.11.1994, p. 9.
   
      (2)  OJ L 256 of 7.09.1987, p.1.
   
      (3)  OJ C 31 of 8.02.2003, p. 4.