(Case T-177/05
Tribunal de Justicia de la Unión Europea

(Case T-177/05

Fecha: 09-Ene-2006





Order of the Court of First Instance (Fourth Chamber) of 9 January 2006 − Finland v Commission

(Case T-177/05)

Procedural issues – Objection of inadmissibility – Act not producing binding legal effects – European Communities’ own resources – Infringement proceedings – Interest for delayed entry provided for in Article 11 of Regulation (EC, Euratom) No1150/2000 – Negotiation of an agreement on conditional payment

1.Actions for annulment – Actionable measures – Measures producing binding legal effects (Art. 230 EC) (see para. 30)

2.Actions for annulment – Actionable measures – Measures producing binding legal effects (Art. 230 EC; Council Regulation No 1150/2000) (see para. 32)

3.European Communities’ own resources – Establishment and making available by the Member States (Council Regulation No 1150/2000) (see para. 33)

Re:

ACTION for the annulment of the Commission decision (Budget Directorate-General) contained in the letter of 28 February 2005 and in the confirmatory letter of 25 April 2005, whereby the Commission refused to enter into negotiations with the Republic of Finland on the conditional payment of retroactive duties, plus default interest up to the date of payment, which the Commission claimed from the Republic of Finland in the context of infringement proceedings 2003/2180, brought under Article 226EC

Operative part

The Court:

1.

Dismisses the action as inadmissible;

2.

Orders the Republic of Finland to pay the costs.

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