Judgment of the Court (First Chamber) of 22 January 2009.#Commission of the European Communities v Portuguese Republic.#Failure of a Member State to fulfil obligations - Late payment of own resources - Default interest payable - Accounting rules - ATA system.#Case C-150/07.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 2, 6(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) – Refusal to pay default interest in the case of late payment of own resources under the ATA system – Accounting rules.

Operative part

Operative part

The Court:

1. Declares that, by refusing to pay to the Commission of the European Communities the default interest payable on account of the late payment of own resources under the ATA system, the Portuguese Republic has failed to fulfil its obligations under Articles 2, 6(2) and 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;

2. Dismisses the remainder of the action;

3. Orders the Portuguese Republic to bear its own costs and to pay three quarters of the costs of the Commission of the European Communities;

4. Orders the Commission of the European Communities to bear the remainder of its own costs.