CELEX: C2001/150/35
Language: en
Date: 2001-05-19 00:00:00
Title: Case C-146/01: Action brought on 30 March 2001 by the Commission of the European Communities against the Kingdom of Belgium

19.5.2001             EN                   Official Journal of the European Communities                                         C 150/19
Action brought on 30 March 2001 by the Commission                           activities in controlled areas (1), the Kingdom of Belgium
of the European Communities against the Kingdom of                          has failed to fulfil its obligations under that directive.
                             Belgium
                                                                      —     Order the Kingdom of Belgium to pay the costs.
                         (Case C-146/01)
                                                                      Pleas in law and main arguments
                         (2001/C 150/35)                              A Member State’s obligation to take the measures necessary in
                                                                      order to achieve the result prescribed by a directive is a
An action against the Kingdom of Belgium was brought before           mandatory obligation. In the present case, the Commission
the Court of Justice of the European Communities on 30 March          considers that the Kingdom of Belgium has not carried out a
2001 by the Commission of the European Communities,                   complete transposition of:
represented by L. Ström, acting as Agent, assisted by H. van
der Woude, lawyer, with an address for service in Luxembourg.         —     Article 4(2) and Annexes I and II, on account of the
                                                                            absence of any provisions relating to the establishment
                                                                            of a radiological monitoring system;
The Commission of the European Communities claims that
the Court should:                                                     —     Articles 5 and 6, in that the provisions adopted do
                                                                            not take account of outside workers employed by an
—    Declare that, by having failed to adopt, or to inform the              undertaking whose principal place of business is in
     Commission of, within the prescribed period, the laws,                 another Member State, where those workers already hold
     regulations and administrative provisions which are                    a radiological monitoring document.
     necessary in order to comply with the provisions of
     Article 4(2) of, Annexes I and II to and Articles 5 and 6        The period for transposition laid down by Article 8 of the
     of Council Directive 90/641/Euratom of 4 December                directive expired on 31 December 1993.
     1990 on the operational protection of outside workers
     exposed to the risk of ionising radiation during their           (1) OJ L 349 of 13.12.1990, p. 21.