Case C-510/04: Action brought on 13 December 2004 by Commission of the European Communities against Kingdom of Belgium
Date: 2005-02-05
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, administrative formalities, harbour installation, maritime transport, transport document

C 31/16

EN

Official Journal of the European Union

5.2.2005

2. Is it relevant to question 4.1 that the company in which the
shares were held ceased to exist as result of the coming into
force
company
(Article 2:311(1) BW), so that it is not possible to speak of a
disposal of shares in a literal sense?

legal merger with

another

of

a

(1) Council Directive 69/335/EEC of 17 July 1969 concerning indirect
taxes on the raising of capital (OJ English special edition: Series I
1969(II) p. 412)

(2) Council Directive 73/79/EEC of 9 April 1973 varying the field of
application of the reduced rate of capital duty provided for in
respect of certain company reconstruction operations by Article
7(1)(b) of the Directive concerning indirect taxes on the raising of
capital (OJ 1973 L 103, p. 13).

Pleas in law and main arguments

The period for transposition of the directive into national law
expired on 9 September 2003.

(1) OJ L 67 of 9.3.2002, p. 31

Action brought on 15 December 2004 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-515/04)

(2005/C 31/33)

Action brought on 13 December 2004 by Commission of
the European Communities against Kingdom of Belgium

(Language of the case: French)

(Case C-510/04)

(2005/C 31/32)

An action against the Kingdom of Belgium was brought before
the European Communities on
the Court of
15 December 2004 by the Commission of
the European
Communities, represented by C. O'Reilly and R. Troosters,
acting as Agents, with an address for service in Luxembourg.

Justice of

(Language of the case: French)

The Commission of the European Communities claims that the
Court should:

Justice of

An action against the Kingdom of Belgium was brought before
the European Communities on 13
the Court of
December 2004 by the Commission of the European Commu-
nities, represented by K. Simonsson and W. Wils, acting as
Agents, with an address for service in Luxembourg.

The Commission of the European Communities claims that the
Court should:

the European Parliament and of

1) declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2002/6/EC of
the
Council of 18 February 2002 on reporting formalities for
ships arriving in and/or departing from ports of
the
Member States of the Community (1), and in any event by
failing to notify them to the Commission, the Kingdom of
Belgium has failed to fulfil its obligations under that direc-
tive;

2) order the Kingdom of Belgium to pay the costs.

1. declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2001/55/EC of 20 July 2001 on minimum stan-
dards for giving temporary protection in the event of a
mass
and on measures
promoting a balance of efforts between Member States in
receiving such persons and bearing the consequences
thereof (1) and,
in any event, by failing to communicate
them to the Commission, the Kingdom of Belgium has
failed to fulfil its obligations under that directive;

influx of displaced persons

2. order the Kingdom of Belgium to pay the costs

Pleas in law and main arguments

The period for transposition of the Directive into national law
expired on 31 December 2002.

(1) OJ L 212, 7.8.2001, p. 12.