Case C-3/07: Judgment of the Court (Eighth Chamber) of 8 November 2007 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2003/110/EC — Assistance in cases of transit — Removal by air — Failure to transpose within the period prescribed)
Date: 2007-12-22
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, air transport, foreign national, illegal migration, national implementing measure, removal, transit

22.12.2007

EN

Official Journal of the European Union

C 315/21

Operative part of the judgment

Operative part of the judgment

Article 5 of Commission Regulation (EC) No 800/1999 of 15 April
1999 laying down common detailed rules for the application of the
system of export refunds on agricultural products, as amended by
Commission Regulation (EC) No 90/2001 of 17 January 2001,
must be interpreted as not precluding the competent customs authori-
ties from accepting an export declaration for agricultural products
which was transmitted by fax, where that
transmission took place
before loading for export transport, where the declaration transmitted
contains all the information necessary to enable physical checks to be
carried out on the goods exported and the export operation concerned
is not vitiated by any fraud or attempted fraud. Such is the case where
the goods covered by the export declaration transmitted by fax have
arrived in the third country of destination and the original declaration
subsequently transmitted is identical to the declaration transmitted by
fax. It is for the national court to ascertain whether those conditions
are satisfied in the main proceedings.

The Court:

1. Declares that, by failing to adopt, within the period prescribed, the
laws, regulations and administrative provisions necessary to comply
with Council Directive 2003/110/EC of 25 November 2003 on
assistance in cases of transit for the purposes of removal by air,
with the exception of Article 5(2) of that directive, the Kingdom of
Belgium has failed to fulfil its obligations thereunder;

2. Dismisses

the action in respect of

the

failure

to transpose

Article 5(2) of Directive 2003/110;

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

(1) OJ C 326, 30.12.2006.

(1) OJ C 69, 24.3.2007.

Judgment of the Court (Eighth Chamber) of 8 November
the European Communities v
2007 — Commission of

Kingdom of Belgium

(Case C-3/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/110/EC — Assistance in cases of transit — Removal by
air — Failure to transpose within the period prescribed)

Judgment of the Court (Eighth Chamber) of 8 November
the European Communities v
2007 — Commission of

Italian Republic

(Case C-40/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2001/42/EC — Assessment of the effects of certain plans and
programmes on the environment — Failure to transpose
within the period prescribed)

(2007/C 315/35)

Language of the case: French

(2007/C 315/36)

Language of the case: Italian

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and R. Troosters, Agents)

Defendant: Kingdom of Belgium (represented by: S. Raskin,
Agent)

Applicant: Commission of the European Communities (repre-
sented by: D. Recchia and J.-B. Laignelot, Agents)

Italian Republic (represented by:
Defendant:
Agent, and S. Fiorentino, avvocato dello Stato)

I. M. Braguglia,

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the measures necessary to
comply with Council Directive 2003/110/EC of 25 November
2003 on assistance in cases of
for the purposes of
removal by air (OJ 2003 L 321, p. 26)

transit

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, all the measures necessary
the European
to comply with Directive 2001/42/EC of
Parliament and of the Council of 27 June 2001 on the assess-
ment of the effects of certain plans and programmes on the
environment (OJ 2001 L 197, p. 30)