CELEX: 62010CA0036
Language: en
Date: 2010-09-30 00:00:00
Title: Case C-36/10: 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)

20.11.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 317/12
            
         Judgment of the Court (Seventh Chamber) of 30 September 2010 — European Commission v Kingdom of Belgium
   (Case C-36/10) (1)
   
   (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)
   2010/C 317/23
   Language of the case: French
   
      Parties
   
   
      Applicant: European Commission (represented by: A. Sipos and J.-B. Laignelot, acting as Agents)
   
      Defendant: Kingdom of Belgium (represented by: T. Materne, acting as Agent.)
   
      Re:
   
   Failure of a Member State to fulfil its obligations — Failure to adopt all the measures 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 of the judgment
   
   The Court:
   
               1.
            
            
               Declares that by failing to adopt within the prescribed period all the measures to correctly transpose 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.
            
         
      (1)  OJ C 80, 27.03.2010.