CELEX: 62007CA0150
Language: en
Date: 2009-01-22 00:00:00
Title: Case C-150/07: Judgment of the Court (First Chamber) of 22 January 2009 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Late payment of own resources — Default interest payable — Accounting rules — ATA system)

21.3.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 69/5
            
         Judgment of the Court (First Chamber) of 22 January 2009 — Commission of the European Communities v Portuguese Republic
   (Case C-150/07) (1)
   
   (Failure of a Member State to fulfil its obligations - Late payment of own resources - Default interest payable - Accounting rules - ATA system)
   (2009/C 69/06)
   Language of the case: Portuguese
   Parties
   
      Applicant: Commission of the European Communities (represented by: G. Wilms and M. Afonso, acting as Agents)
   
      Defendant: Portuguese Republic (represented by: L. Inez Fernandes, J.A. Anjos and C. Guerra Santos, acting as Agents)
   Re:
   Failure of a Member State to fulfil its obligations — Infringement of Articles 2, 6(2), 9, 10 and 11 of 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 (OJ 1989 L 155, p. 1) — Refusal to pay default interest in the case of late payment of own resources under the ATA system — Accounting rules
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by refusing to pay to the Commission of the European Communities the default interest payable on account of the late payment of own resources under the ATA system, the Portuguese Republic has failed to fulfil its obligations under Articles 2, 6(2) and 9 to 11 of 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;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the Portuguese Republic to bear its own costs and to pay three quarters of the costs of the Commission of the European Communities;
            
         
               4.
            
            
               Orders the Commission of the European Communities to bear the remainder of its own costs.
            
         
      (1)  OJ C 117, 26.5.2007.