CELEX: C2003/264/36
Language: en
Date: 2003-11-01 00:00:00
Title: Case C-377/03: Action brought on 9 September 2003 by the Commission of the European Communities against the Kingdom of Belgium

1.11.2003             EN                       Official Journal of the European Union                                       C 264/21
Action brought on 21 August 2003 by the Commission                     The applicant claims that the Court should:
of the European Communities against the Republic of
                             Austria
                                                                       1.    Declare that, by failing to adopt or to notify the Com-
                                                                             mission of the laws, regulations and administrative pro-
                        (Case C-362/03)                                      visions necessary to transpose Directive 2000/30/EC of
                                                                             the European Parliament and of the Council of 6 June
                        (2003/C 264/34)                                      2000 on the technical roadside inspection of the road-
                                                                             worthiness of commercial vehicles circulating in the
                                                                             Community (1), the Republic of Austria has failed to fulfil
                                                                             its obligations under that directive;
An action against the Republic of Austria was brought
before the Court of Justice of the European Communities
                                                                       2.    Order the Republic of Austria to pay the costs of the
on 21 August 2003 by the Commission of the European
                                                                             proceedings.
Communities, represented by Arnaud Bordes and Gerald
Braun, Members of the Legal Service of the European Com-
mission, with an address for service in Luxembourg.
The applicant claims that the Court should:                            Pleas in law and main arguments
1.    Declare that, by failing to adopt or to notify the Com-
      mission of the laws, regulations and administrative pro-
      visions necessary to transpose Council Directive 1999/           The period for transposition expired on 10 August 2002.
      74/EC of 19 July 1999 laying down minimum standards
      for the protection of laying hens (1), the Republic of
      Austria has failed to fulfil its obligations under that
                                                                       (1) OJ 2000 L 203, p. 1.
      directive;
2.    Order the Republic of Austria to pay the costs of the
      proceedings.
Pleas in law and main arguments
The period for transposition expired on 1 January 2002.
                                                                       Action brought on 9 September 2003 by the Commission
                                                                       of the European Communities against the Kingdom of
(1) OJ 1999 L 203, p. 53.                                                                           Belgium
                                                                                                (Case C-377/03)
                                                                                                (2003/C 264/36)
Action brought on 21 August 2003 by the Commission
of the European Communities against the Republic of
                             Austria
                        (Case C-363/03)                                An action against the Kingdom of Belgium was brought
                                                                       before the Court of Justice of the European Communities on
                                                                       9 September 2003 by the Commission of the European
                        (2003/C 264/35)                                Communities, represented by C. Giolito and G. Wilms, acting
                                                                       as Agents, with an address for service in Luxembourg.
An action against the Republic of Austria was brought
before the Court of Justice of the European Communities                The Commission of the European Communities claims that
on 21 August 2003 by the Commission of the European                    the Court should:
Communities, represented by Wouter Wils, Member of the
Legal Service of the European Commission, with an address
for service in Luxembourg.                                             1.    Declare that,
 ---pagebreak--- C 264/22               EN                        Official Journal of the European Union                                          1.11.2003
      —     by failing regularly to release certain transit docu-        Action brought on 9 September 2003 by the Commission
            ments (TIR carnets) with the result that the own             of the European Communities against the Kingdom of
            resources arising therefrom were not properly                                             Belgium
            accounted for or made available to the Commission
            within the prescribed periods;
                                                                                                 (Case C-378/03)
      —     by failing to forward to the Commission all the
            other undisputed customs duties treated in the same
                                                                                                 (2003/C 264/37)
            way (entry in B accounts instead of A accounts) in
            respect of the Belgium customs authority’s failure to
            release TIR carnets since 1996;
      —     by refusing to pay interest on the amounts due to            An action against the Kingdom of Belgium was brought
            the Commission                                               before the Court of Justice of the European Communities on
                                                                         9 September 2003 by the Commission of the European
      the Kingdom of Belgium has failed to fulfil its obligations        Communities, represented by C. Giolito and G. Wilms, acting
                                                                         as Agents, with an address for service in Luxembourg.
      under Articles 6, 9, 10 and 11 of Council Regulation (EC,
      Euratom) No 1150/2000 (1) of 22 May 2000
      implementing Decision 94/728/EC, Euratom (2) on the
      system of the Communities’ own resources which, with               The Commission of the European Communities claims that
      effect from 31 May 2000, repealed and replaced Council             the Court should:
      Regulation (EEC, Euratom) No 1552/89 (3) of 29 May
      1989 implementing Decision 88/376/EEC, Euratom (4)
      on the system of the Communities’ own resources, the               —     Declare that, by making late payments of the own
      purpose of which is the same.                                            resources where debtors pay in stages, the Kingdom of
                                                                               Belgium has failed to fulfil its obligations under Articles 6,
                                                                               10 and 11 of Council Regulation (EC, Euratom) No 1150/
2.    Order the Kingdom of Belgium to pay the costs.                           2000 (1) of 22 May 2000 implementing Decision 94/
                                                                               728/EC, Euratom (2) 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 (3) of 29 May 1989 implementing Decision
Pleas in law and main arguments                                                88/376/EEC, Euratom (4) on the system of the Communi-
                                                                               ties’ own resources, the purpose of which is the same.
During two checks of traditional own resources carried out in            —     Order the Kingdom of Belgium to pay the costs.
Belgium in 1996 and 1997, the Commission found that there
were anomalies in the customs transit scheme in relation to
the establishment, accounting and contribution of the own
resources and the application of the Community TIR transit
scheme. The anomalies were due to default or delay in the                Pleas in law and main arguments
payment of the own resources to the Commission because of
a failure to comply with the accounting rules laid down in
Article 6(3) of Regulation 1150/2000.
                                                                         During the check of traditional own resources carried out in
                                                                         Belgium in 1996, the Commission found that the Belgian
                                                                         authorities had not, within the period laid down by Com-
The Commission cannot accept the justifications put forward              munity rules, paid to it the own resources recovered in the
by Belgium for those anomalies and delays. The delays greatly            form of stage payments of import duties. Those duties ought
exceed the periods laid down by Article 6(3) of Regulation               to have been transferred from the B accounts to the A accounts
1150/2000 for entry in both the A and B accounts. Where an               as each stage payment was made by the debtor. The payment
item should have been entered in the A accounts, the effect of           of duties to a separate account from the B accounts over a
the delay has been belated availability of the own resources             period of several months resulted in delays in making available
concerned and, therefore, interest for late payment is due.              the own resources, for which interest for late payment is due.
(1) OJ L 130 of 31.5.2000, p. 1.                                         (1) OJ L 130 of 31.5.2000, p. 1.
(2) OJ L 293 of 12.11.1994, p. 9.                                        (2) OJ L 293 of 12.11.1994, p. 9.
(3) OJ L 155 of 7.6.1989, p. 1.                                          (3) OJ L 155 of 7.6.1989, p. 1.
(4) OJ L 185 of 15.7.1988, p. 24.                                        (4) OJ L 185 of 15.7.1988, p. 24.