Judgment of the Court (Fifth Chamber) of  15 December 2005  in Case C-144/05: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2002/59/EC — Failure to transpose within the period prescribed)
Date: 2006-02-25
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, maritime safety

C 48/10

EN

Official Journal of the European Union

25.2.2006

JUDGMENT OF THE COURT

(Fourth Chamber)

of 15 December 2005

in Case C-96/05: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil obligations — Directive
2001/65/EC — Annual and consolidated accounts of certain
types of companies — Failure to transpose within the period
prescribed)

(2006/C 48/19)

(Language of the case: Greek)

In Case C-96/05 Commission of the European Communities
(Agents: G. Braun and G. Zavvos) v Hellenic Republic (Agent:
N. Dafniou) — ACTION for a declaration of failure to fulfil
obligations pursuant
to Article 226 EC, brought on 21
February 2005 — the Court (Fourth Chamber), composed of K.
Schiemann, President of the Chamber, M. Ilešič (Rapporteur)
Judges; P. Léger, Advocate General; R. Grass,
and E. Levits,
Registrar, has given a judgment on 15 December 2005,
in
which it:

(Agent: M. Wimmer) — ACTION for a declaration of failure to
fulfil obligations pursuant to Article 226 EC, brought on 30
March 2005– the Court
J.
Makarczyk, President of the Chamber, R. Silva de Lapuerta and
J. Klučka (Rapporteur), Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, has given a judgment on 15 December
2005, in which it:

(Fifth Chamber), composed of

regulations and administrative provisions necessary

1. Declares that, by failing to adopt within the period prescribed the
laws,
to
comply with Directive 2002/59/EC of the European Parliament
and of the Council of 27 June 2002 establishing a Community
vessel traffic monitoring and information system and repealing
Council Directive 93/75/EEC, the Kingdom of Belgium has failed
to fulfil its obligations under that Directive.

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

(1) OJ C 143, 11.6.2005.

regulations and administrative provisions necessary

1. Declares that, by failing to adopt within the period prescribed the
laws,
to
comply with Directive 2001/65/EC of the European Parliament
and of the Council of 27 September 2001 amending Directives
78/660/EEC, 83/349/EEC and 86/635/EEC as regards the
valuation rules for the annual and consolidated accounts of certain
types of companies as well as of banks and other financial institu-
tions,
its obligations
under that directive.

the Hellenic Republic has failed to fulfil

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 93, 16.04.2005.

Reference for a preliminary ruling from the Court of
Cassation, Belgium, by order of that court of 6 September
2005 in the criminal proceedings against Norma Kraaijen-
brink

(Case C-367/05)

(2006/C 48/21)

(Language of the case: Dutch)

JUDGMENT OF THE COURT

(Fifth Chamber)

of 15 December 2005

in Case C-144/05: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure of a Member State to fulfil obligations — Directive
2002/59/EC — Failure to transpose within the period
prescribed)

(2006/C 48/20)

(Language of the case: Dutch)

In Case C-144/05 Commission of the European Communities
(Agents: K. Simonsson and W. Wils) v Kingdom of Belgium

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of
the Court of Cassation,
Belgium, of 6 September 2005, received at the Court Registry
on 29 September 2005,
in the criminal proceedings against
Norma Kraaijenbrink on the following questions:

1.

‘Must Article 54 of the Schengen (1) implementing agree-
ment of 19 June 1990, read with Article 71 of that agree-
ment be construed as meaning that the criminal offences of
acquiring or having available in the Netherlands or transfer-
ring from there sums of money in foreign currencies origin-
ating from the trade in narcotics (offences which were
prosecuted and in respect of which a conviction was
obtained in the Netherlands for receiving and handling in
breach of Article 416 of the Criminal Code), which differ
from the criminal offences consisting in the exchanging at
exchange bureaus in Belgium of the relevant sums of money
from the trade in narcotics received in the Netherlands