CELEX: 62008CJ0490
Language: en
Date: 2009-06-30 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 30 June 2009. # Commission of the European Communities v Kingdom of Belgium. # Failure of Member State to fulfil obligations - Directive 2005/68/EC - Reinsurance - Failure to adopt within the prescribed period. # Case C-490/08.

Judgment of the Court (Fifth Chamber) of 30 June 2009 – Commission v Belgium
      (Case C‑490/08)
      Failure of Member State to fulfil obligations – Directive 2005/68/EC – Reinsurance – Failure to adopt within the prescribed period
      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. 226 EC) (see para. 8)
      
         
               Failure of Member State to fulfil obligations – Failure to adopt or communicate, within the prescribed period, the measures
                  necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance
                  and amending Council Directives 73/239/EEC and 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC (OJ 2005 L 323, p.
                  1).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that by failing to adopt all the laws, regulations and administrative provisions necessary in order to comply with
                     Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council
                     Directives 73/239/EEC and 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC or, in any event, by not communicating those
                     measures to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Belgium to pay the costs.