# C_2011186EN.01000801.xml

| 25.6.2011 | EN | Official Journal of the European Union | C 186/8 |
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25.6.2011

EN

Official Journal of the European Union

C 186/8

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Judgment of the Court (Eighth Chamber) of 5 May 2011 — European Commission v Kingdom of Belgium

(Case C-265/10) (1)

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(Failure of a Member State to fulfil obligations - Regulation (EC) No 1907/2006 - Chemicals - Registration, evaluation, authorisation of those substances and restrictions applicable to them - REACH Regulation - Article 126 - System of penalties in the event of infringement of the provisions of the REACH Regulation - Lack of implementation within the period prescribed)

2011/C 186/13

Language of the case: Dutch

Parties

Parties

Applicant: European Commission (represented by: P. Oliver and M. van Beek, acting as Agents)

Applicant:

Defendant: Kingdom of Belgium (represented by: T. Materne and L. Van den Broeck, acting as Agents)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 126 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p.1) — Penalties applicable for infringement of the REACH Regulation

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to implement the penalties applicable to infringements of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, the Kingdom of Belgium has failed to fulfil its obligations under Article 126 of that regulation; |
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1.

Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to implement the penalties applicable to infringements of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, the Kingdom of Belgium has failed to fulfil its obligations under Article 126 of that regulation;

| 2. | Orders the Kingdom of Belgium to pay the costs. |
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2.

Orders the Kingdom of Belgium to pay the costs.

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(1)  OJ C 221, 14.8.2010.

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