Official Journal of the European Union

C 113/2

(Case C-38/06) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Duty-free imports of goods for specifically military use)

2010/C 113/02

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: G. Wilms and M. Afonso, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, Â. Seiça Neves, J. Gomes and C. Guerra Santos, acting as Agents)

Interveners in support of the defendant: Kingdom of Denmark (represented by J. Molde, acting as Agent), Hellenic Republic (represented by E.-M. Mamouna and K. Boskovits, acting as Agents), Italian Republic (represented by I. Bruni, acting as Agent, assisted by G. De Bellis, avvocato dello Stato), Republic of Finland (represented by A. Guimaraes-Purokoski, acting as Agent)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Articles 2, 9, 10 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) and, for the period after 31 May 2000, Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities’ own resources (OJ 2000 L 130. p. 1) — Import free of customs duties of war material and goods for both military and civil use

Operative part of the judgment

The Court:

1.Declares that by refusing to calculate and pay to the Commission of the European Communities own resources which were not collected in the period from 1 January 1998 until 31 December 2002 inclusive, in relation to imports of equipment and goods for specifically military use, and by refusing to pay default interest arising from the failure to pay those own resources to the Commission of the European Communities, the Portuguese Republic has failed to fulfil its obligations, respectively, under Articles 2 and 9 to 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, as amended by Council Regulation (Euratom, EC) No 1355/96 of 8 July 1996, in so far as the period from 1 January 1998 to 30 May 2000 inclusive is concerned, and under the same articles of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities’ own resources, in so far as the period from 31 May 2000 to 31 December 2002 is concerned;

2.Orders the Portuguese Republic to pay the costs;

3.Orders the Kingdom of Denmark, the Hellenic Republic, the Italian Republic and the Republic of Finland to bear their own costs.

(<span class="super">1</span>) OJ C 74, 25.3.2006.