Source: All England Reporter
Publisher Citation: [2003] All ER (D) 152 (Jun)
Court: Court of Justice of the European Communities
Judge:

Judge Wathelet (President), Judges Timmermans, Jann, von Bahr (Rapporteur) and Rosas
Judgment Dates: 12 June 2003

Catchwords

European Communities - The Communities - Resources - Delay in making sums available for Communities' own resources - Entitlement of Commission to demand interest - Council Regulation 1150/2000/EC, Euratom, arts 9(1), 10(3), 11.

The Case

By failing to make available to the Commission the amount specified in art10(3) of Council Regulation1150-2000-EC, Euratom (implementing Decision94-728-EC, Euratom on the system of the Communities' own resources) by the time specified in that article, and by failing to pay default interest thereon for that delay pursuant to art11, Italy had failed to fulfil its obligations under the Regulation, notwithstanding that a smaller amount had been transferred into the Commission's account as a result of a clerical error before the deadline, and notwithstanding that a supplement had been transferred by way of retrospective transaction after the deadline.

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