Court of Justice of the European Communities (including Court of First Instance Decisions)

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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Kingdom of Belgium (Judgment of the Court (Fifth Chamber)) [2009] EUECJ C-490/08 (30 June 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C49008.html
Cite as: EU:C:2009:411, [2009] EUECJ C-490/8, [2009] EUECJ C-490/08, ECLI:EU:C:2009:411

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Judgment of the Court (Fifth Chamber) of 30 June 2009 – Commission v Belgium

(Case C‑490/08)

Failure of Member State to fulfil obligations – Directive 2005/68/EC – Reinsurance – Failure to adopt within the prescribed period

Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 8)

Failure of Member State to fulfil obligations – Failure to adopt or communicate, within the prescribed period, the measures necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC and 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC (OJ 2005 L 323, p. 1).

Operative part

The Court:

1.

Declares that by failing to adopt all the laws, regulations and administrative provisions necessary in order to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC and 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC or, in any event, by not communicating those measures to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under that directive;

2.

Orders the Kingdom of Belgium to pay the costs.

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