Master's Program 2004/2005 Technical and Fiscal Barriers ... - Lexnet

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62000J0389 European Court reports 2003 Page 00000 8 contributions to reflect the actual costs incurred by the State, as contended by the German Government, it should be remembered that the portion of those contributions used to cover the administrative costs of the solidarity fund is not repaid. Likewise, the financial loss resulting from the forfeiture of the amounts in question for three years - a loss not compensated for by interest - is, in any event, borne by the operators concerned. Neither does the progressive reduction of the overall volume of the solidarity fund, which was initially established at DEM 75 million and was under DEM 16 million at the time the present proceedings were brought, shed light on the costs actually incurred by the State to meet its obligation to return waste or establish that the individual contributions are set at a level which is adequate in relation to those costs. 47 With respect to the issue of whether each contribution is proportional to the alleged benefit for each operator, it should be recalled that, as the Court has found in paragraphs 35 to 37 above, the economic operators called upon to pay the contributions to the solidarity fund do not derive any actual definite specific benefit from the activities financed by the fund. 48 As for the possible discretion the Member States may have under Article 33(2) of Regulation No 259/93, it cannot, in any event, be used to levy additional, unjustified charges on notifiers. 49 The Court notes that appropriate administrative costs of implementing the notification and supervision procedure and usual costs of appropriate analyses and inspections may be charged to the notifier, as provided for in Article 33(1) of Regulation No 259/93. 50 Consequently, the Court finds that the contribution to the solidarity fund is a charge having equivalent effect to a customs duty, which is prohibited by Articles 23 EC and 25 EC. 51 The Court thus finds that, by subjecting shipments of waste to other Member States to a mandatory contribution to the solidarity fund established by the AbfVerbrG, the Federal Republic of Germany has failed to fulfil its obligations under Articles 23 EC and 25 EC. DOCNUM 62000J0389 AUTHOR Court of Justice of the European Communities FORM Judgment TREATY European Economic Community TYPDOC 6 ; CJUS ; cases ; 2000 ; J ; judgment PUBREF European Court reports 2003 Page 00000 DOC 2003/02/27 LODGED 2000/10/20 JURCIT 61976J0046 : N 39 61976J0089 : N 39 61982J0158 : N 22 61983J0001 : N 39 61987J0018 : N 22 23 35 39 © An extract from a JUSTIS database 120
62000J0389 European Court reports 2003 Page 00000 9 61989C0111 : N 40 31993D0098 : N 4 31993R0259-A01P2 : N 3 31993R0259-A25P1 : N 43 31993R0259-A26P2LA : N 9 43 31993R0259-A27P1 : N 10 44 31993R0259-A33 : N 11 31993R0259-A33P1 : N 49 31993R0259-A33P2 : N 33 42 48 31993R0259 : N 4 24 32 45 11997E023 : N 1 2 22 - 24 30 - 51 11997E025 : N 1 2 22 - 24 30 - 51 SUB Free movement of goods ; Customs Union ; Charges having an equivalent effect AUTLANG German APPLICA Commission ; Institutions DEFENDA Federal Republic of Germany ; Member States NATIONA Federal Republic of Germany PROCEDU Proceedings concerning failure by Member State - successful ADVGEN Tizzano JUDGRAP Rosas DATES of document: 27/02/2003 of application: 20/10/2000 © An extract from a JUSTIS database 121
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