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Document 62008CA0490

    Case C-490/08: Judgment of the Court (Fifth Chamber) of 30 June 2009 — Commission of the European Communities v Kingdom of Belgium. (Failure of Member State to fulfil its obligations — Directive 2005/68/EC — Reinsurance — Failure to adopt within the prescribed period)

    OJ C 205, 29.8.2009, p. 11–12 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    29.8.2009   

    EN

    Official Journal of the European Union

    C 205/11


    Judgment of the Court (Fifth Chamber) of 30 June 2009 — Commission of the European Communities v Kingdom of Belgium.

    (Case C-490/08) (1)

    (Failure of Member State to fulfil its obligations - Directive 2005/68/EC - Reinsurance - Failure to adopt within the prescribed period)

    2009/C 205/20

    Language of the case: French

    Parties

    Applicant: Commission of the European Communities (represented by: N. Yerrell, acting as Agent, acting as Agent)

    Defendant: Kingdom of Belgium (represented by: D. Haven, acting as Agent)

    Re:

    Failure of Member State to fulfil its 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 of the judgment

    The Court:

    1.

    Declares that by not adopting all the laws, regulations and administrative provisions 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 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.


    (1)  OJ C 6, 10.01.2009.


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