CELEX: C2006/294/12
Language: en
Date: 2006-12-02 00:00:00
Title: Case C-312/04: Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Communities' own resources — Undischarged TIR carnets — Procedures for collecting import duties — Non-compliance — Failure to transfer the related own resources and to pay default interest)

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/8
            
         Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v Kingdom of the Netherlands
   (Case C-312/04) (1)
   
   (Failure of a Member State to fulfil obligations - Communities' own resources - Undischarged TIR carnets - Procedures for collecting import duties - Non-compliance - Failure to transfer the related own resources and to pay default interest)
   (2006/C 294/12)
   Language of the case: Dutch
   Parties
   
      Applicant: Commission of the European Communities (represented by: G. Wilms and A. Weimar, Agents)
   
      Defendant: Kingdom of the Netherlands (represented by: H.G. Sevenster and J.G.M. van Bakel, Agents)
   Re:
   Failure of a Member State to fulfil obligations — Articles 2(1), 6(2), 10(1) 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) — Failure to initiate, within the period prescribed, procedures for the collection of customs duties further to irregularities in the transport of goods covered by TIR carnets — Failure to transmit, within the period prescribed, the related own resources and to pay the default interest
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the Commission of the European Communities to pay the costs.
            
         
      (1)  OJ C 228, 11.09.2004.