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Document 62019CA0767

    Case C-767/19: Judgment of the Court (Tenth Chamber) of 3 December 2020 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directives 2009/72/EC and 2009/73/EC — Internal market in electricity and natural gas — Effective separation between the operation of electricity and gas transmission networks on the one hand, and supply and production activities on the other — Establishment of independent national regulatory authorities)

    OJ C 35, 1.2.2021, p. 16–17 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    1.2.2021   

    EN

    Official Journal of the European Union

    C 35/16

    Judgment of the Court (Tenth Chamber) of 3 December 2020 — European Commission v Kingdom of Belgium

    (Case C-767/19) (1)

    (Failure of a Member State to fulfil obligations - Directives 2009/72/EC and 2009/73/EC - Internal market in electricity and natural gas - Effective separation between the operation of electricity and gas transmission networks on the one hand, and supply and production activities on the other - Establishment of independent national regulatory authorities)

    (2021/C 35/21)

    Language of the case: French

    Parties

    Applicant: European Commission (represented by: O. Beynet and Y. G. Marinova, acting as Agents)

    Defendant: Kingdom of Belgium (represented by: L. Van den Broeck, M. Jacobs and C. Pochet, acting as Agents, and by G. Block, avocat)

    Operative part of the judgment

    The Court:

    1.

    Declares that the Kingdom of Belgium has failed to fulfil its obligations under Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, and Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, by failing to correctly transpose:

    —

    Article 9(1)(a) of both Directive 2009/72 and Directive 2009/73;

    —

    Article 37(4)(a) and (b) of Directive 2009/72 and Article 41(4)(a) and (b) of Directive 2009/73, and

    —

    Article 37(6)(a) to (c) and Article 37(9) of Directive 2009/72 and Article 41(6)(a) to (c) and Article 41(9) of Directive 2009/73.

    2.

    Orders the Kingdom of Belgium to pay the costs.

    (1)  OJ C 10, 13.1.2020.

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