2.12.2006   

EN

Official Journal of the European Union

C 294/8


Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v Kingdom of the Netherlands

(Case C-312/04) (1)

(Failure of a Member State to fulfil obligations - Communities' own resources - Undischarged TIR carnets - Procedures for collecting import duties - Non-compliance - Failure to transfer the related own resources and to pay default interest)

(2006/C 294/12)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (represented by: G. Wilms and A. Weimar, Agents)

Defendant: Kingdom of the Netherlands (represented by: H.G. Sevenster and J.G.M. van Bakel, Agents)

Re:

Failure of a Member State to fulfil obligations — Articles 2(1), 6(2), 10(1) 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) — Failure to initiate, within the period prescribed, procedures for the collection of customs duties further to irregularities in the transport of goods covered by TIR carnets — Failure to transmit, within the period prescribed, the related own resources and to pay the default interest

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders the Commission of the European Communities to pay the costs.


(1)  OJ C 228, 11.09.2004.