CELEX: C2003/184/05
Language: en
Date: 2003-08-02 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 26 June 2003 in Case C-404/00: Commission of the European Communities v Kingdom of Spain (Failure of Member State to fulfil obligations — State aid — Regulation (EC) No 1013/97 — Aid to publicly-owned shipyards — Commission Decision 2000/131/EC ordering repayment — Non-implementation)

2.8.2003                EN                            Official Journal of the European Union                                                 C 184/3
                   JUDGMENT OF THE COURT                                      2.    Orders the Italian Republic to pay the costs.
                                                                              (1) OJ C 372, 23.12.2000.
                            (Fifth Chamber)
                           of 12 June 2003
in Case C-363/00: Commission of the European Commu-
                    nities v Italian Republic (1)                                                 JUDGMENT OF THE COURT
                                                                                                           (Sixth Chamber)
(Failure of a Member State to fulfil obligations — Commu-
nities' own resources — Error in crediting the account                                                    of 26 June 2003
 opened in the name of the Commission — Default interest)
                                                                              in Case C-404/00: Commission of the European Commu-
                            (2003/C 184/04)                                                        nities v Kingdom of Spain (1)
                                                                              (Failure of Member State to fulfil obligations — State aid —
                     (Language of the case: Italian)                          Regulation (EC) No 1013/97 — Aid to publicly-owned ship-
                                                                              yards — Commission Decision 2000/131/EC ordering repay-
                                                                                                   ment — Non-implementation)
(Provisional translation; the definitive translation will be published in
                      the European Court Reports)                                                          (2003/C 184/05)
                                                                                                    (Language of the case: Spanish)
In Case C-363/00, Commission of the European Communities                      (Provisional translation; the definitive translation will be published in
(Agents: E. Traversa and G. Wilms) v Italian Republic (Agents:                                        the European Court Reports)
U. Leanza, assisted by G. De Bellis): Application for a declara-
tion that, by failing to make available to the Commission the
sum of ITL 1 484 936 000 000 by way of own resources
within the period laid down by Articles 9 and 10 of Council                   In Case C-404/00, Commission of the European Communities
Regulation (EC, Euratom) No 1150/2000 of 22 May 2000                          (Agents: K.-D. Borchardt and S. Rating) v Kingdom of Spain
implementing Decision 94/728/EC, Euratom on the system of                     (Agent: S. Ortiz Vaamonde): Application for a declaration that,
the Communities' own resources (OJ 2000 L 130, p. 1), and                     by not adopting within the prescribed period the measures
refusing to pay default interest owed on that amount pursuant                 necessary to comply with Commission Decision 2001/131/EC
to Article 11 of the same regulation, the Italian Republic has                of 26 October 1999 on the State aid implemented by Spain in
failed to fulfil its obligations under Articles 9, 10 and 11 of               favour of the publicly-owned shipyards (OJ 2000 L 37, p. 22),
Regulation No 1150/2000 which, from 31 May 2000, repealed                     which declares that that aid was granted illegally and is there-
and replaced Council Regulation (EEC, Euratom) No 1552/89                     fore incompatible with the common market, the Kingdom of
of 29 May 1989 implementing Decision 88/376/EEC, Euratom                      Spain has failed to fulfil its obligations under the fourth
on the system of the Communities' own resources (OJ 1989                      paragraph of Article 249 EC and under Articles 2 and 3 of
L 155, p. 1), identical in aim, the Court (Fifth Chamber),                    that decision, the Court (Sixth Chamber), composed of:
composed of: M. Wathelet, President of the Chamber, C.W.                      R. Schintgen, President of the Second Chamber, acting as
A. Timmermans, P. Jann, S. von Bahr (Rapporteur) and                          President of the Sixth Chamber, C. Gulmann, V. Skouris,
A. Rosas, Judges; L.A. Geelhoed, Advocate General; R. Grass,                  F. Macken (Rapporteur) and N. Colneric, Judges; L.
Registrar, has given a judgment on 12 June 2003, in which it:                 A. Geelhoed, Advocate General; R. Grass, Registrar, has given
                                                                              a judgment on 26 June 2003, in which it:
1.    Declares that, by failing to make available to the Commission           1.    Declares that, by not adopting within the prescribed period the
      of the European Communities the sum of ITL                                    measures necessary to comply with Commission Decision 2000/
      1 484 936 000 000 by way of own resources within the                          131/EC of 26 October 1999 on the State aid implemented by
      period laid down by Articles 9 and 10 of Council Regulation                   Spain in favour of the publicly-owned shipyards, which declares
      (EC, Euratom) No 1150/2000 of 22 May 2000 imple-                              that that aid was granted unlawfully and is therefore incompa-
      menting Decision 94/728/EC, Euratom on the system of the                      tible with the common market, the Kingdom of Spain has failed
      Communities' own resources, and refusing to pay default interest              to fulfil its obligations under Articles 2 and 3 of that decision;
      owed on that amount pursuant to Article 11 of the same
      regulation, the Italian Republic has failed to fulfil its obligations   2.    Orders the Kingdom of Spain to pay the costs.
      under Articles 9, 10 and 11 of Regulation No 1150/2000
      which, from 31 May 2000, repealed and replaced Council
      Regulation (EEC, Euratom) No 1552/89 of 29 May 1989                     (1) OJ C 28, 27.1.2001.
      implementing Decision 88/376/EEC, Euratom on the system of
      the Communities' own resources, identical in aim;