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Document 62010CA0036

Case C-36/10: Judgment of the Court (Seventh Chamber) of 30 September 2010 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil its obligations — Directives 96/82/EC and 2003/105/EC — Control of major-accident hazards involving dangerous substances — Second subparagraph of Article 12(1) — Incorrect transposition)

OJ C 317, 20.11.2010, p. 12–13 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

20.11.2010   

EN

Official Journal of the European Union

C 317/12


Judgment of the Court (Seventh Chamber) of 30 September 2010 — European Commission v Kingdom of Belgium

(Case C-36/10) (1)

(Failure of a Member State to fulfil its obligations - Directives 96/82/EC and 2003/105/EC - Control of major-accident hazards involving dangerous substances - Second subparagraph of Article 12(1) - Incorrect transposition)

2010/C 317/23

Language of the case: French

Parties

Applicant: European Commission (represented by: A. Sipos and J.-B. Laignelot, acting as Agents)

Defendant: Kingdom of Belgium (represented by: T. Materne, acting as Agent.)

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt all the measures to comply with Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ 1997, L 10, p. 13), as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 (OJ 2003 L 345, p. 97)

Operative part of the judgment

The Court:

1.

Declares that by failing to adopt within the prescribed period all the measures to correctly transpose the second subparagraph of Article 12(1) of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003, 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 80, 27.03.2010.


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