CELEX: C2004/059/22
Language: en
Date: 2004-03-06 00:00:00
Title: Case C-550/03: Action brought on 23 December 2003 by the Commission of the European Communities against the Hellenic Republic

6.3.2004                EN                         Official Journal of the European Union                                             C 59/13
As a result of its failure to fulfil those obligations, Spain must               —     2001/12/EC of the European Parliament and of the
pay default interest, in accordance with Community rules on                            Council of 26 February 2001 amending Council
own resources. According to settled case-law, there is an                              Directive 91/440/EEC on the development of the
indissoluble link between the obligation to establish the                              Community’s railways (1);
Community’ own resources, the obligation to credit them to
the Commission’s account within the prescribed time-limit                        —     2001/13/EC of the European Parliament and of the
and, finally, the obligation to pay default interest, which is                         Council of 26 February 2001 amending Council
owed for the whole period of delay and is payable regardless                           Directive 95/18/EC on the licensing of railway
of the reason for the delay in making the entry in the                                 undertakings (2);
Commission’s account. Consequently, the reference made by
the Spanish authorities to their internal procedures, has no
influence as regards its obligation to pay default interest. In                  —     2001/14/EC of the European Parliament and of the
order to enable the Commission to calculate the default                                Council of 26 February 2001 on the allocation of
interest, Spain must communicate to it all the information                             railway infrastructure capacity and the levying of
necessary on the periods which elapsed between the entry in                            charges for the use of railway infrastructure and
the accounts, as the relevant time for the establishment of own                        safety certification (3);
resources, according to the provisions of Community law on
the collection of those resources, and the practice followed by                  and in any event by failing to notify the provisions in
the Spanish authorities. The Kingdom of Spain has failed to                      question to the Commission, the Hellenic Republic has
fulfil that obligation.                                                          failed to fulfil its obligations under those directives.
                                                                           —     order the Hellenic Republic to pay the costs.
(1) Council Regulation (EEC) No 2913 of 12 October 1992 estab-
    lishing the Community Customs Code (OJ 1992 L 302, p. 1).
(2) Council Regulation (EEC) No 1854/89 of 14 June 1989 on the
    entry in the accounts and terms of payment of the amounts of
    import duties or export duties resulting from a customs debt (OJ       Pleas in law and main arguments
    1989 L 186, p. 1).
(3) 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).                   The period prescribed for transposing the directives into
(4) Council Regulation (EC, Euratom) No 1150/2000 of 22 May                national law expired on 15 March 2003.
    2000 implementing Decision 94/728/EC, Euratom on the system
    of the Communities own resources (OJ 2000 L 130, p. 1).
                                                                           (1) OJ L 75 of 15.03.2001, p. 1.
                                                                           (2) OJ L 75 of 15.03.2001, p. 26.
                                                                           (3) OJ L 75 of 15.03.2001, p. 29.
Action brought on 23 December 2003 by the Commission
     of the European Communities against the Hellenic
                             Republic
                                                                           Appeal brought on 29 December 2003 by Unilever
                         (Case C-550/03)                                   Bestfoods (Ireland) Ltd, formerly HB Ice Cream Ltd,
                                                                           against the judgment delivered on 23 October 2003 by
                                                                           the Fifth Chamber of the Court of First Instance of the
                          (2004/C 59/22)
                                                                           European Communities in case T-65/98 between Van den
                                                                           Bergh Foods Ltd, formerly HB Ice Cream Ltd, and the
                                                                                    Commission of the European Communities
An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 23 December                                          (Case C-552/03 P)
2003 by the Commission of the European Communities,
represented by Georgios Zavvos and Wouter Wils, of its Legal
Service.                                                                                               (2004/C 59/23)
The applicant claims that the Court should:
                                                                           An appeal against the judgment delivered on 23 October 2003
—      declare that, by failing to adopt the laws, regulations             by the Fifth Chamber of the Court of First Instance of the
       and administrative provisions necessary to comply with              European Communities in case T-65/98 (1) between Van den
       Directives:                                                         Bergh Foods Ltd, formerly HB Ice Cream Ltd, and the