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Document 62007CJ0090

    Judgment of the Court (Seventh Chamber) of 12 July 2007.
    Commission of the European Communities v Kingdom of Belgium.
    Failure of a Member State to fulfil obligations - Directive 2004/12/EC - Packaging and packaging waste - Failure to transpose within the prescribed period.
    Case C-90/07.

    European Court Reports 2007 I-00098*

    ECLI identifier: ECLI:EU:C:2007:429





    Judgment of the Court (Seventh Chamber) of 12 July 2007 – Commission v Belgium

    (Case C‑90/07)

    Failure of a Member State to fulfil obligations – Directive 2004/12/EC – Packaging and packaging waste – Failure to transpose within the prescribed period

    1.                     Actions for failure to fulfil obligations – Examination of 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. 11)

    2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 13)

    Re:

    Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste (OJ 2004 L 47, p. 26).

    Operative part

    The Court:

     

    Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste, the Kingdom of Belgium has failed to fulfil its obligations under that directive.

     

    Orders the Kingdom of Belgium to pay the costs.

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