Judgment_paragraph 1 · European Commission v Kingdom of the Netherlands (C-395/17)

1By its application, the European Commission asks the Court to declare that, by failing to compensate the loss of own resources which should have been established and made available to the EU budget in accordance with Articles 2, 6, 10, 11 and 17 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) (now Articles 2, 6, 10, 11 and 17 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 (OJ 2000 L 130, p. 1)), had movement certificates EUR. 1 not been issued in breach, first, of Article 101(1) of Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community (OJ 1991 L 263, p. 1, ‘the 1991 OCT Decision’) and Article 12(6) of Annex II to that decision with regard to the import of milk powder and rice from Curaçao in the period 1997/2000 and, second, of Article 35(1) of Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (‘Overseas Association Decision’) (OJ 2001 L 314, p. 1, ‘the 2001 OCT Decision’) and Article 15(4) of Annex III to that decision with regard to the import of groats and meal from Aruba in the period 2002/2003, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 5 of the EC Treaty (subsequently Article 10 EC, now Article 4(3) TEU).