CELEX: C2006/294/03
Language: en
Date: 2006-12-02 00:00:00
Title: Case C-377/03: 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 — Undischarged TIR carnets — Failure or delay in paying the corresponding own resources)

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/2
            
         Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v Kingdom of Belgium
   (Case C-377/03) (1)
   
   (Failure of a Member State to fulfil obligations - Communities' own resources - Undischarged TIR carnets - Failure or delay in paying the corresponding own resources)
   (2006/C 294/03)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: C. Giolito and G. Wilms, Agents)
   
      Defendant: Kingdom of Belgium (represented by: E. Dominkovits, A. Goldman and M. Wimmer, Agents, B. van de Walle de Ghelcke, Lawyer)
   Re:
   Failure of a Member State to fulfil obligations — Articles 6, 9, 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 (OJ 2000 L 130, p. 1) — Default or delay in the payment of the own resources to the Commission — Failure to comply with accounting rules — Irregular release of certain transit documents (TIR carnets) by the Belgian customs authority
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that by failing to enter in the accounts, or by making a late entry in the accounts of, the own resources arising from the TIR carnets which had not been discharged properly, by placing them in the B accounts instead of entering them in the A accounts, with the result that the relevant own resources were not made available to the Commission of the European Communities within the time-limits,
               
                           —
                        
                        
                           by refusing to pay default interest on the amounts owing to the Commission of the European Communities,
                        
                     
                           —
                        
                        
                           the Kingdom of Belgium has failed to fulfil its obligations under Articles 6, 9, 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 had identical subject-matter;
                        
                     
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the Kingdom of Belgium to pay the costs.
            
         
      (1)  OJ C 264, 01.11.2003.