CELEX: 62010CA0265
Language: en
Date: 2011-05-05 00:00:00
Title: Case C-265/10: Judgment of the Court (Eighth Chamber) of 5 May 2011 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Regulation (EC) No 1907/2006 — Chemicals — Registration, evaluation, authorisation of those substances and restrictions applicable to them — REACH Regulation — Article 126 — System of penalties in the event of infringement of the provisions of the REACH Regulation — Lack of implementation within the period prescribed)

25.6.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 186/8
            
         Judgment of the Court (Eighth Chamber) of 5 May 2011 — European Commission v Kingdom of Belgium
   (Case C-265/10) (1)
   
   (Failure of a Member State to fulfil obligations - Regulation (EC) No 1907/2006 - Chemicals - Registration, evaluation, authorisation of those substances and restrictions applicable to them - REACH Regulation - Article 126 - System of penalties in the event of infringement of the provisions of the REACH Regulation - Lack of implementation within the period prescribed)
   2011/C 186/13
   Language of the case: Dutch
   
      Parties
   
   
      Applicant: European Commission (represented by: P. Oliver and M. van Beek, acting as Agents)
   
      Defendant: Kingdom of Belgium (represented by: T. Materne and L. Van den Broeck, acting as Agents)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement of Article 126 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p.1) — Penalties applicable for infringement of the REACH Regulation
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to implement the penalties applicable to infringements of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, the Kingdom of Belgium has failed to fulfil its obligations under Article 126 of that regulation;
            
         
               2.
            
            
               Orders the Kingdom of Belgium to pay the costs.
            
         
      (1)  OJ C 221, 14.8.2010.