Judgment — ECLI:EU:C:2006:79
Date: 2006-02-02
Language of the case: Dutch
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Transport
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Belgium

Judgment of the Court (Fifth Chamber) of 2 February 2006 – Commission v Belgium (Case C-143/05) Failure of a Member State to fulfil obligations – Directive 2002/84/EC – Failure to transpose within the prescribed period 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 CE) (see para. 6) Re: Failure of a Member State to fulfil obligations – Failure to take the necessary measures to comply with Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships (OJ 2002 L 324 p. 53) Operative part: The Court: 1. Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships, the Kingdom of Belgium has failed to fulfil its obligations under that directive; 2. Orders the Kingdom of Belgium to pay the costs.