Court of Justice of the European Communities (including Court of First Instance Decisions)
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Commission of the European Communities v Kingdom of the Netherlands. (Action for a declaration of failure by a Member State to fulfil its obligations) [1991] EUECJ C-96/89 (16 May 1991)
URL: http://www.bailii.org/eu/cases/EUECJ/1991/C9689.html Cite as:
[1991] EUECJ C-96/89,
[1991] ECR I-2461
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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.
++++ 1. Action for a declaration of failure by a Member State to fulfil its obligations - Commission' s right of action - Time-limit for its exercise - None - Exception - Excessive duration of pre-litigation procedure prejudicial to the rights of the defence (EEC Treaty, Art. 169) 2. Agriculture - Common organization of markets - Cereals - Importation at a preferential rate of manioc originating in Thailand - Irregularities in issue of import licences - Adoption of appropriate measures by the Commission - Duty of national authorities to comply with instructions requiring them not to grant the benefit of the preferential system unless they have carried out controls of such a kind as to thwart any attempt at fraud (Commission Regulation No 2029/82, Art. 7(1), and No 3383/82, Art. 7(1) ) 3. Community law - Principles - Protection of legitimate expectations - Protection refused to any person committing a manifest infringement of the rules in force 4. European Communities' own resources - Establishment and making available by Member States - Linked responsibilities precluding a refusal to determine a disputed claim - Obligation to credit own resources to the Commission' s account - Delay in entering credits - Obligation to pay default interest