27.2.2010

Official Journal of the European Union

C 51/6

(Case C-239/06) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Duty-free imports of military equipment)

2010/C 51/08

Language of the case: Italian

Parties

Applicant: European Commission (represented by: G. Wilms, C. Cattabriga and L. Visaggio, Agents)

Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, G. De Bellis, avvocato dello Stato)

Interveners in support of the defendant: Hellenic Republic (represented by: E.-M. Mamouna, A. Samoni-Rantou and K. Boskovits, Agents), Republic of Finland (represented by: A. Guimaraes-Purokoski, Agent)

Re:

Failure of a Member State to fulfil 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 the corresponding provisions of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 2000/597/EC, Euratom on the system of the Communities’ own resources (OJ 2000 L 130, p) — Duty-free imports of military equipment — Refusal to calculate the amounts which should have been collected and allocated to the Communities’ own resources.

Operative part of the judgment

The Court:

1.Declares that, by exempting imports of military material from customs duties in the period from 1 January 1998 until 31 December 2002 and by refusing to calculate, declare and make available to the European Commission in good time the own resources which were not collected because of that exemption and the default interest payable because of the failure to make those own resources available to the European Commission in good time, the Italian Republic has failed to fulfil its obligations under Article 2 and Articles 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 (EC, Euratom) No 1355/96 of 8 July 1996, and 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.

2.Orders the Italian Republic to pay the costs.

3.Orders the Hellenic Republic and the Republic of Finland to bear their own costs.

(<span class="super">1</span>) OJ C 178, 29.7.2006.