CELEX: C2007/315/05
Language: en
Date: 2007-12-22 00:00:00
Title: Case C-19/05: Judgment of the Court (Third Chamber) of 18 October 2007 — Commission of the European Communities v Kingdom of Denmark (Failure of a Member State to fulfil obligations — Communities' own resources — Customs duties legally owed not recovered following an error by the national customs authorities — Financial liability of the Member States)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/4
            
         Judgment of the Court (Third Chamber) of 18 October 2007 — Commission of the European Communities v Kingdom of Denmark
   (Case C-19/05) (1)
   
   (Failure of a Member State to fulfil obligations - Communities' own resources - Customs duties legally owed not recovered following an error by the national customs authorities - Financial liability of the Member States)
   (2007/C 315/05)
   Language of the case: Danish
   Parties
   
      Applicant: Commission of the European Communities (represented by: N.B. Rasmussen, G. Wilms and H.-P. Hartvig, Agents)
   
      Defendant: Kingdom of Denmark (represented by: J. Molde, Agent)
   Re:
   Failure of a Member State to fulfil obligations — Article 10 EC and Articles 2 and 8 of Council Decision 94/728/EC, Euratom of 31 October 1994 on the system of the European Communities' own resources (OJ 1994 L 293, p. 9) — Financial responsibility of the Member States for own resources — Failure to make available to the Commission an amount of DKK 18 687 475 that the customs authorities wrongly omitted to recover as customs duties from an undertaking.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by failing to make available to the Commission of the European Communities an amount of DKK 18 687 475 in own resources, together with default interest thereon calculated as from 27 July 2000, the Kingdom of Denmark has failed to fulfil its obligations under Community law and, in particular, under Articles 2 and 8 of Council Decision 94/728/EC, Euratom of 31 October 1994 on the system of the European Communities' own resources;
            
         
               2.
            
            
               Orders the Kingdom of Denmark to pay the costs.
            
         
      (1)  OJ C 93, 16.4.2005.