Order of the General Court (Seventh Chamber) of 28 June 2018

Actions for annulmentActionable measuresMeaningMeasures producing binding legal effectsCommission letter informally calling on Member State to place traditional own resources at the disposal of the EU budgetNot included

(Art. 263 TFEU; Council Regulation No 1150/2000; Council Decision 2007/436)

(see paras 31, 36, 48-50, 53, 62, 64)

Actions for annulmentActionable measuresMeaningMeasures producing binding legal effectsPurely informative measureNot included

(Art. 263 TFEU)

(see paras 32, 33, 60, 61)

Own resources of the European UnionEstablishment and making available by the Member StatesResponsibility of the Member StatesScope

(Council Regulation No 1150/2000, Arts 2(1), 9(1) and 17(1) and (2); Council Decision 2007/436, Arts 2(1)(a) and 8(1))

(see paras 37, 38, 41-44)

Actions for annulmentActionable measuresMeaningMeasures producing binding legal effectsWhether that condition can be set aside by invoking the right to effective judicial protectionNone

(Art. 6(1), third para. TEU; Art. 263, fourth para. TFEU; Charter of Fundamental Rights of the European Union, Arts 47 and 52(7))

(see para. 81)

Re:

Application based on Article 263 TFEU seeking annulment of the decision allegedly made by the director of the directorate ‘Own resources and financial programming’ of the Directorate-General for Budget of the Commission contained in the letter with reference Ares (2015) 217973 of 20 January 2015 by which the latter dismissed the application to be exempted from making available own resources in an amount of CZK 53 976 340 submitted pursuant to Article 17(2) 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), and requested the Czech authorities to take the necessary measures to credit the Commission’s account with the amount of CZK 53 976 340, at the latest on the first working day following the nineteenth day of the second month following the dispatch of the letter concerned, at the risk of having to pay default interest pursuant to Article 11 of that regulation.

Operative part

The action is dismissed.

There is no need to rule on the Slovak Republic’s application to intervene.

The Czech Republic shall bear its own costs and pay those incurred by the European Commission.

The Czech Republic, the Commission and the Slovak Republic shall each bear their own costs linked to the Slovak Republic’s application to intervene.