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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)

    IO 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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