CELEX: 62010CJ0036
Language: en
Date: 2010-09-30 00:00:00
Title: Judgment of the Court (Seventh Chamber) of 30 September 2010. # European Commission v Kingdom of Belgium. # Failure of a Member State to fulfil its obligations - Directives 96/82/EC and 2003/105/EC - Control of major-accident hazards involving dangerous substances - Second subparagraph of Article 12(1) - Incorrect transposition. # Case C-36/10.

Judgment of the Court (Seventh Chamber) of 30 September 2010 – Commission v Belgium
      (Case C‑36/10)
      Failure of a Member State to fulfil its obligations – Directives 96/82/EC and 2003/105/EC – Control of major-accident hazards involving dangerous substances – Second subparagraph of Article 12(1) – Incorrect transposition
      Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU; Council Directive 96/82, Art. 12(1),
         para. 2) (see paras 10-12)
      
      Re: 
      
         
               Failure of a Member State to fulfil its obligations – Failure to adopt all the measures necessary in order to comply with
                  Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ
                  1997 L 10, p. 13), as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 (OJ
                  2003 L 345, p. 97).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt within the prescribed period all the measures to transpose correctly the second subparagraph
                     of Article 12(1) of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous
                     substances, as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003, the Kingdom
                     of Belgium has failed to fulfil its obligations under that directive; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Belgium to pay the costs.