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-6/09 (6 October 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C609.html
Cite as: EU:C:2009:621, ECLI:EU:C:2009:621, [2009] EUECJ C-6/09, [2009] EUECJ C-6/9

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Judgment of the Court (Fifth Chamber) of 6 October 2009 – Commission v Belgium

(Case C-6/09)

Failure of a Member State to fulfil obligations – Directive 2005/60/EC – Money laundering and terrorist financing – Failure to transpose 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. 6)

Re:

Failure of a Member State to fulfil its obligations – Failure to adopt or communicate, within the prescribed time-limit, all the measures necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ 2005 L 309, p. 15).

Operative part

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, 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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