Case C-528/06: Judgment of the Court (Seventh Chamber) of 13 December 2007 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2003/98/EC — Re-use of public sector information — Failure to transpose into national law within the prescribed period)
Date: 2007-12-13
Institutions: Court of Justice
Subjects: Belgium, European Commission, access to information, action for failure to fulfil an obligation, data collection, dissemination of information, national implementing measure, public sector

23.2.2008

EN

Official Journal of the European Union

C 51/25

Nevertheless,
the Member State to which the office of departure
belongs can proceed to recovery of import duties only if, pursuant to
Article 379(2) of Regulation No 2454/93, it has first informed the
principal that it has a period of three months in which to furnish
proof of the place where the infringement or the irregularity was actu-
ally committed and such proof has not been provided within that
period.

(1) OJ C 42, 24.2.2007.

Judgment of the Court (Eighth Chamber) of 18 December
the European Communities v
2007 — Commission of

Italian Republic

(Case C-85/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2000/60/EC — Articles 5(1) and 15(2) — Community action
in the field of water policy — River basin district —
Summary report and analyses — Communication thereof —
None)

(2008/C 51/41)

Language of the case: Italian

Judgment of the Court (Seventh Chamber) of 13 December
the European Communities v
2007 — Commission of

Kingdom of Belgium

(Case C-528/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/98/EC — Re-use of public sector information — Failure
to transpose into national law within the prescribed period)

Parties

Applicant: Commission of the European Communities (repre-
sented by: S. Pardo Quintillán and D. Recchia, Agents)

Defendants: Italian Republic (represented by: I. Braguglia, Agent
and G. Fiengo, lawyer)

(2008/C 51/40)

Language of the case: French

Re:

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Montaguti, acting as Agent)

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

Failure of a Member State to fulfil obligations — Infringement
of Articles 5(1) and 15(2) of Directive 2000/60/EC of
the
European Parliament and of the Council of 23 October 2000
establishing a framework for Community action in the field of
water policy (OJ 2000 L 327, p. 1) — Failure to submit
summary reports on the analyses required under Article 5 as
regards certain river basin districts — Failure to carry out the
analyses and studies provided for in Article 5(1) of that directive

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the measures necessary to
comply with Directive 2003/98/EC of the European Parliament
and of the Council of 17 November 2003 on the re-use of
public sector information (OJ 2003 L 345, p. 90)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive 2003/98/EC
of the European Parliament and of the Council of 17 November
2003 on the re-use of public sector information, the Kingdom of
Belgium has failed to fulfil its obligations under that directive;

Operative part of the judgment

The Court:

report on the analyses

1. Declares that, in respect of the pilot river basin district of the River
Serchio and a part of the river basin districts of the Eastern Alps
and the Northern, Central and Southern Apennines, by failing to
submit a summary
required under
Article 5(1) of Directive 2000/60/EC of the European Parliament
and of the Council of 23 October 2000 establishing a framework
for Community action in the field of water policy, as provided for
in Article 15(2) thereof, and by failing to carry out the analyses
and the study referred to in Article 5(1)
the Italian
Republic has failed to fulfil its obligations under Articles 5(1) and
15(2) of that directive;

thereof,

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

2. Orders the Italian Republic to pay the costs.

(1) OJ C 42, 24.2.2007.

(1) OJ C 95, 28.4.2007.