CELEX: 62018CA0304
Language: en
Date: 2019-07-11 00:00:00
Title: Case C-304/18: Judgment of the Court (Seventh Chamber) of 11 July 2019 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Own resources — Customs duties — Finding of a customs debt — Inclusion in separate accounts — Obligation to make own resources available to the European Union — Recovery procedure initiated out of time — Default interest)

9.9.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 305/20
            
         
      Judgment of the Court (Seventh Chamber) of 11 July 2019 — European Commission v Italian Republic
      (Case C-304/18) (1)
      
      (Failure of a Member State to fulfil obligations - Own resources - Customs duties - Finding of a customs debt - Inclusion in separate accounts - Obligation to make own resources available to the European Union - Recovery procedure initiated out of time - Default interest)
      (2019/C 305/25)
      Language of the case: Italian
      
         Parties
      
      
         Applicant: European Commission (represented initially by Z. Malůšková, M. Owsiany-Hornung and F. Tomat, and subsequently by Z. Malůšková and F. Tomat, acting as Agents)
      
         Defendant: Italian Republic (represented by G. Palmieri, acting as Agent, and G. Albenzio, avvocato dello Stato)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Declares that by refusing to make available traditional own resources amounting to EUR 2 120 309,50, referred to in the write-off notice IT(07)08-917, the Italian Republic has failed to fulfil its obligations under Article 8 of Council Decision 94/728/EC, Euratom of 31 October 1994, on the system of the European Communities’ own resources, Article 8 of Council Decision 2000/597/EC, Euratom of 29 September 2000, on the system of the European Communities’ own resources, Article 8 of Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources and Article 8 of Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union, and Articles 10, 11 and 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, Articles 10, 11 and 17 Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, and Articles 10, 12 and 13 Council Regulation (EU, Euratom) No 609/2014 of 26 May 2014 on the methods and procedure for making available the traditional, VAT and GNI-based own resources and on the measures to meet cash requirements;
               
            
                  2.
               
               
                  Dismisses the remainder of the action;
               
            
                  3.
               
               
                  Orders the Italian Republic to pay four fifths of the costs incurred by the European Commission and to bear its own costs;
               
            
                  4.
               
               
                  Orders the European Commission to bear one fifth of its own costs.
               
            
         (1)  OJ C 221, 25.6.2018.