Pretore di Cento v X. [1977] EUECJ R-110/76 (5 May 1977)

Pretore di Cento v X. [1977] EUECJ R-110/76 (5 May 1977)

In the present state of Community law, only Member States and their authorities are empowered to take proceedings before national courts for the purpose of claiming payment of Community revenue constituting own resources.

Citation
[1977] EUECJ R-110/76
Parties
Referring Court: Pretore di Cento; Defendant: X (person or persons unknown)
Jurisdiction
European Union
Judgment Date
05 May 1977
Procedural Posture
Reference for Preliminary Ruling / Judgment
Outcome
preliminary ruling issued
Legal Topics
Community Own Resources, Capacity to Sue, Recovery of Customs Duties, Notification of Injured Parties
European Union Law Criminal Law Customs Law Community Own Resources Capacity to Sue Recovery of Customs Duties Notification of Injured Parties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Pretore di Cento

Referring Court

X (person or persons unknown)

Defendant

Procedural Posture

Reference for Preliminary Ruling / Judgment

Legal Issues

  1. 1 Whether the Community or Member States are the 'injured party' in criminal proceedings for smuggling affecting Community own resources
  2. 2 Whether Community institutions are empowered to take proceedings for recovery of customs duties before national courts

Ratio Decidendi

In the present state of Community law, only Member States and their authorities are empowered to take proceedings before national courts for the purpose of claiming payment of Community revenue constituting own resources.

Court Disposition

preliminary ruling issued

Orders

  • Only Member States and their authorities are empowered to take proceedings before national courts for the purpose of claiming payment of Community revenue constituting own resources.