Case C-407/06: Judgment of the Court (Seventh Chamber) of 10 May 2007 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Protection of workers — Major accident hazards involving dangerous substances — Failure to transpose within the prescribed period)
Date: 2007-06-23
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, dangerous substance, environmental risk prevention, industrial hazard

23.6.2007

EN

Official Journal of the European Union

C 140/5

Operative part of the judgment

2. Orders Ireland to pay the costs

The first indent of Article 5(1)(b) of Council Regulation (EC) No
44/2001 of 22 December 2000 on jurisdiction and the recognition
and enforcement of judgments in civil and commercial matters must be
interpreted as applying where there are several places of delivery within
a single Member State. In such a case, the court having jurisdiction to
hear all the claims based on the contract for the sale of goods is that
for the principal place of delivery, which must be determined on the
basis of economic criteria. In the absence of determining factors for
establishing the principal place of delivery, the plaintiff may sue the
defendant in the court for the place of delivery of its choice.

(1) OJ C 10, 14.1.2006.

Judgment of the Court (Seventh Chamber) of 3 May 2007
— Commission of the European Communities v Ireland

(Case C-391/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/4/EC — Freedom of access to information — Environ-
to transpose within the
mental

information — Failure

prescribed period)

(2007/C 140/08)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Lawunmi and U. Wölker, Agents),

Defendant: Ireland (represented by: D. O'Hagan, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, all the provisions necessary
to comply with Directive 2003/4/EC of the European Parliament
and of the Council of 28 January 2003 on public access to
environmental
information and repealing Council Directive
90/313/EEC (OJ 2003 L 41, p. 26)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt within the period prescribed the
laws, regulations and administrative provisions necessary to comply
with Directive 2003/4/EC of the European Parliament and of the
Council of 28 January 2003 on public access to environmental
information and repealing Council Directive 90/313/EEC, Ireland
has failed to fulfil its obligations under the directive;

(1) OJ C 249, 02.12.2006.

Judgment of the Court (Seventh Chamber) of 10 May 2007
— Commission of the European Communities v Kingdom
of Belgium

(Case C-407/06) (1)

(Failure of a Member State to fulfil obligations — Protection
of workers — Major accident hazards involving dangerous
substances — Failure to transpose within the prescribed
period)

(2007/C 140/09)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Schima and J. Hottiaux, Agents)

Defendant: Kingdom of Belgium (represented by: D. Haven,
Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the laws, regulations and
administrative provisions necessary to comply with Directive
2003/105/EC of the European Parliament and of the Council of
16 December 2003 amending Council Directive 96/82/EC on
the control of major-accident hazards involving dangerous
substances (OJ 2003 L 345, p. 97).

Operative part of the judgment

The Court:

necessary

provisions

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative
comply with Directive
2003/105/EC of the European Parliament and of the Council of
16 December 2003 amending Council Directive 96/82/EC on the
control of major-accident hazards involving dangerous substances,
the Kingdom of Belgium has failed to fulfil its obligations under
that directive;

to

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

(1) OJ C 281 of 18.11.2006.