CELEX: C2007/183/11
Language: en
Date: 2007-08-04 00:00:00
Title: Case C-422/05: Judgment of the Court (Third Chamber) of 14 June 2007 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2002/30/EC — Air transport — Noise-related operating restrictions at Community airports — Adoption by a Member State of a measure liable seriously to compromise the result prescribed by the directive during the transposition period)

4.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 183/7
            
         Judgment of the Court (Third Chamber) of 14 June 2007 — Commission of the European Communities v Kingdom of Belgium
   (Case C-422/05) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2002/30/EC - Air transport - Noise-related operating restrictions at Community airports - Adoption by a Member State of a measure liable seriously to compromise the result prescribed by the directive during the transposition period)
   (2007/C 183/11)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: F. Benyon and M. Huttunen, Agents, acting as Agents)
   
      Defendant: Kingdom of Belgium (represented by: M. Wimmer and A. Hubert, Agents)
   Re:
   Failure of a Member State to fulfil obligations — Breach of the second paragraph of Article 10 EC and the third paragraph of Article 249 EC — Measures taken by a Member State during the period laid down for implementation of Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports (OJ 2002 L 85, p. 40) which are liable seriously to compromise the result prescribed by the Directive — National legislation limiting night flights of certain types of civil subsonic jet aircraft
   Operative part of the judgment
   
               1.
            
            
               Declares that, by adopting the Royal Decree of 14 April 2002 regulating night flights of certain types of civil subsonic jet aeroplanes, the Kingdom of Belgium has failed to fulfil its obligations under Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports and under the second paragraph of Article 10 EC, read in conjunction with the third paragraph of Article 249 EC;
            
         
               2.
            
            
               Orders the Kingdom of Belgium to pay the costs.
            
         
      (1)  OJ C 48, 25.2.2006.