CELEX: 62008CA0475
Language: en
Date: 2009-12-03 00:00:00
Title: Case C-475/08: Judgment of the Court (Sixth Chamber) of 3 December 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2003/55/EC — Internal market in natural gas — Definitive designation of system operators — Decision exempting major new gas infrastructures from the application of certain provisions of Directive 2003/55/EC — Publication, consultation and notification obligations)

30.1.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/14
            
         Judgment of the Court (Sixth Chamber) of 3 December 2009 — Commission of the European Communities v Kingdom of Belgium
   (Case C-475/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2003/55/EC - Internal market in natural gas - Definitive designation of system operators - Decision exempting major new gas infrastructures from the application of certain provisions of Directive 2003/55/EC - Publication, consultation and notification obligations)
   2010/C 24/22
   Language of the case: French
   
      Parties
   
   
      Applicant: European Commission (represented by: M. Patakia and B. Schima, Agents)
   
      Defendant: Kingdom of Belgium (represented by: C. Pochet, Agent, J. Scalais and O. Vanhulst, avocats)
   
      Re:
   
   Failure of a Member State to fulfil its obligations — Failure to adopt all the provisions necessary to comply with Articles 7, 11 and 18, in conjunction with Article 25(2), and Article 22(3)(d) and (e) and (4) of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57) — Failure to designate systems operators for the transmission and storage of liquefied natural gas — No requirement to publish the decision exempting new large natural gas facilities from the application of the directive — No requirement to consult the other Member States or regulatory authorities concerned by the interconnection of those facilities.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to designate transmission, storage and liquefied natural gas system operators on a definitive basis as required under Article 7 of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC, and by failing to transpose Article 22(3)(d) and (e) and (4) of that directive, the Kingdom of Belgium has failed to fulfil its obligations under those provisions;
            
         
               2.
            
            
               Orders the Kingdom of Belgium to pay the costs.
            
         
      (1)  OJ C 32, 7.2.2009.