CELEX: 62008CJ0490
Failure of Member State to fulfil obligations
Directive 2005/68/EC
Reinsurance
Failure to adopt within the prescribed period

Judgment of the Court (Fifth Chamber) of 30 June 2009 – Commission v Belgium
(Case C‑490/08)
Failure of Member State to fulfil obligations – Directive 2005/68/EC – Reinsurance – Failure to adopt within the prescribed period
Actions for failure to fulfil obligations – Examination of the 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. 8)
Failure of Member State to fulfil 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
The Court:
1.
Declares that by failing to adopt all the laws, regulations and administrative provisions necessary in order 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.