CELEX: C2006/022/08
Language: en
Date: 2006-01-28 00:00:00
Title: Case C-387/05: Action brought on  24 October 2005  by the Commission of the European Communities against the Italian Republic

28.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/4
            
         Action brought on 24 October 2005 by the Commission of the European Communities against the Italian Republic
   (Case C-387/05)
   (2006/C 22/08)
   Language of the case: Italian
   An action against the Italian Republic was brought before the Court of Justice of the European Communities on 24 October 2005 by the Commission of the European Communities, represented by G. Wilms and L. Visaggio, acting as Agents.
   The Commission claims that the Court should:
   
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               declare that, by unilaterally exempting from import customs duties material which may be used for both civilian and military purposes and by refusing to calculate and pay the own resources which were improperly not collected as a result of that exemption and the default interest due by reason of the failure to make those own resources available to the Commission in good time, the Italian Republic has failed to fulfil its obligations under Article 26 EC, Article 20 of Regulation (EEC) No 2913/92 (1) and, consequently, the Common Customs Tariff, Articles 2, 9, 10 and 17(1) of Regulation (EEC, Euratom) No 1552/89 (2) and the corresponding provisions of Regulation (EC, Euratom) No 1150/2000; (3)
               
            
         
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               order the Italian Republic to pay the costs.
            
         Pleas in law and main arguments
   Suspension of import customs duties (or, in specific cases, zero-rating) in respect of certain weapons and military equipment was decided on within a Community context by Council Regulation (EC) No 150/2003 (4) and was to take effect from 1 January 2003.
   In the view of the Commission, the unilateral exemption granted by Italy during the period preceding the application of that regulation amounted to an unlawful derogation from Article 26 EC and from Community customs legislation, resulting in an unjustifiable reduction in customs revenue, which constitutes the Community's own resources.
   
      (1)  OJ 1992 L 302 of 19.10.1992, p. 1.
   
      (2)  OJ 1989 L 155 of 07.06.1989, p. 1.
   
      (3)  OJ 2000 L 130 of 31.05.2000, p. 1.
   
      (4)  OJ 2003 L 25 of 30.01.2003, p. 1.