CELEX: C2006/294/04
Language: en
Date: 2006-12-02 00:00:00
Title: Case C-378/03: Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Communities' own resources — Payment in instalments by the debtor — Recovery)

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/3
            
         Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v Kingdom of Belgium
   (Case C-378/03) (1)
   
   (Failure of a Member State to fulfil obligations - Communities' own resources - Payment in instalments by the debtor - Recovery)
   (2006/C 294/04)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: G. Wilms and C. Giolito, Agents)
   
      Defendant: Kingdom of Belgium (represented by: E. Dominkovits and A. Goldman, Agents and B. van de Walle de Ghelcke, avocat,)
   Re:
   Failure of a Member State to fulfil obligations — Articles 6, 10 and 11 of Council Regulation (EC, Eurotom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Eurotom on the system of the Communities' own resources (OJ 2000 L 130, p. 1) — Late payment of the own resources where the debtor pays in stages — Import duties
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Declares that, because of the late payment of own resources in the case of receipt of payments in instalments from a debtor, the Kingdom of Belgium has failed to fulfil its obligations under Articles 10 and 11 of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities' own resources, which, with effect from 31 May 2000, repealed and replaced Council Regulation (EEC, Euratom) No 1552/89 of 29 May 1989 implementing Decision 88/376/EEC, Euratom on the system of the Communities' own resources, which was identical in subject-matter;
            
         
               2)
            
            
               Dismisses the remainder of the application;
            
         
               3)
            
            
               Orders the Kingdom of Belgium to pay the costs.
            
         
      (1)  OJ C 264, 01.11.2003.