Judgment of the Court (Ninth Chamber) of 13 February 2014 — Commission v Belgium

(Case C‑139/13)

‛Failure of a Member State to fulfil obligations — Area of freedom, security and justice — Standards for security features and biometrics in passports and travel documents issued by Member States — Regulation (EC) No 2252/2004 — Biometric passport — Inclusion of digital fingerprints — Failure to implement — Failure to issue within the prescribed periods’

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. 258 TFEU; Council Regulation No 2252/2004) (see paras 12, 13)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 6 of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ 2004 L 385, p. 1) — Biometric passports containing digital fingerprints — Failure to issue such passports within the prescribed periods laid down by that regulation.

Operative part

The Court:

1. Declares that, by having failed to implement, in the prescribed period, the technical specifications relating to issuing biometric passports containing digital fingerprints, the Kingdom of Belgium has failed to fulfil its obligations under Article 6 of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States;

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

Judgment of the Court (Ninth Chamber) of 13 February 2014 — Commission v Belgium

(Case C‑139/13)

‛Failure of a Member State to fulfil obligations — Area of freedom, security and justice — Standards for security features and biometrics in passports and travel documents issued by Member States — Regulation (EC) No 2252/2004 — Biometric passport — Inclusion of digital fingerprints — Failure to implement — Failure to issue within the prescribed periods’

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. 258 TFEU; Council Regulation No 2252/2004) (see paras 12, 13)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 6 of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ 2004 L 385, p. 1) — Biometric passports containing digital fingerprints — Failure to issue such passports within the prescribed periods laid down by that regulation.

Operative part

The Court:

1. Declares that, by having failed to implement, in the prescribed period, the technical specifications relating to issuing biometric passports containing digital fingerprints, the Kingdom of Belgium has failed to fulfil its obligations under Article 6 of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States;