Judgment of the Court (Fifth Chamber) of  2 February 2006  in Case C-143/05: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2002/84/EC — Failure to transpose within the prescribed period)
Date: 2006-04-22
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, maritime safety, pollution from ships, prevention of pollution

22.4.2006

EN

Official Journal of the European Union

C 96/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Fifth Chamber)

of 2 February 2006

Appeal brought on 28 November 2005 by Ricosmos B.V.
against the judgment delivered by the Court of First
Instance of the European Communities (First Chamber) on
13 September 2005 in Case T-53/02 Ricosmos v Commis-
sion of the European Communities

in Case C-143/05: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure of a Member State to fulfil obligations — Directive
2002/84/EC — Failure to transpose within the prescribed
period)

(2006/C 96/01)

(Language of the case: Dutch)

In Case C-143/05: Commission of the European Communities
(Agents: K. Simonsson and W.Wils) v Kingdom of Belgium
(Agent: M. Wimmer) — action under Article 226 EC for failure
to fulfil obligations, brought on 29 March 2005 — the Court
(Fifth Chamber), composed of J. Makarczyk, President of the
Chamber, R. Schintgen and J. Klučka (Rapporteur), Judges; C.
Stix-Hackl, Advocate General; R. Grass, Registrar, gave a judg-
ment on 2 February 2006, in which it:

regulations and administrative provisions necessary

1. Declares that, by failing to adopt, within the prescribed period, the
laws,
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.

(Case C-420/05 P)

(2006/C 96/02)

(Language of the case: Dutch)

An appeal was brought before the Court of Justice of the Euro-
pean Communities on 28 November 2005 by Ricosmos B.V.,
represented by J.J.M. Hertoghs and J.H. Peek, of the law firm
Hertoghs Advocaten-Belastingkundigen, Parkstraat 8, (4818 SK)
Breda, Netherlands, against the judgment of the Court of First
Instance of
the European Communities (First Chamber) of
13 September 2005 in Case T-53/02 Ricosmos B.V. v Commis-
sion of the European Communities.

The appellant claims that the Court should:

— declare the present appeal

to be admissible and well

founded;

— set aside the judgment delivered by the Court of First

Instance on 13 September 2005;

— grant the application made at first instance for the annul-
ment of Commission Decision REM 09/00 of 16 November
2001 stating that remission of import duties in favour of
the present appellant was not justified;

(1) OJ C 143 of 11.06.2005.

— alternatively, remit the case to the Court of First Instance

for further consideration;

— order the Commission to pay the costs of
proceedings and of those at first instance.

the present