CELEX: 62007CJ0090
Language: en
Date: 2007-07-12 00:00:00
Title: Judgment of the Court (Seventh Chamber) of 12 July 2007. # Commission of the European Communities v Kingdom of Belgium. # Failure of a Member State to fulfil obligations - Directive 2004/12/EC - Packaging and packaging waste - Failure to transpose within the prescribed period. # Case C-90/07.

Judgment of the Court (Seventh Chamber) of 12 July 2007 – Commission v Belgium
      (Case C‑90/07)
      Failure of a Member State to fulfil obligations – Directive 2004/12/EC – Packaging and packaging waste – Failure to transpose within the prescribed period
      1.                     Actions for failure to fulfil obligations – Examination of 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. 11)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 13)
      Re: 
      
         Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
                  comply with Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC
                  on packaging and packaging waste (OJ 2004 L 47, p. 26).
               
            Operative part
      The Court: 
      
         
                   
               
               
                  
               
               
                  Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive
                     2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC on packaging and
                     packaging waste, the Kingdom of Belgium has failed to fulfil its obligations under that directive.
                  
               
            
         
                   
               
               
                  
               
               
                  Orders the Kingdom of Belgium to pay the costs.