CELEX: 62010CJ0133
Language: en
Date: 2011-07-28 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 28 July 2011. # European Commission v Kingdom of Belgium. # Failure of a Member State to fulfil obligations - Directive 2005/81/EC - Transparency of financial relations between Member States and public undertakings - Undertaking subject to the obligation of keeping separate accounts - Non-transposition within the period prescribed. # Case C-133/10.

Judgment of the Court (Fifth Chamber) of 28 July 2011 – Commission v Belgium
      (Case C‑133/10)
      Failure of a Member State to fulfil obligations – Directive 2005/81/EC – Transparency of financial relations between Member States and public undertakings – Undertaking subject to the obligation of keeping separate accounts – Failure to transpose within the prescribed period
      1.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU; Commission Directive 2005/81) (see paras
            31, 39)
      2.                     Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – Assessment of the expediency
            of bringing proceedings – To be exercised at its discretion (Art. 258 TFEU) (see para. 32)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the provisions necessary
                  to comply with Commission Directive 2005/81/EC of 28 November 2005 amending Directive 80/723/EEC on the transparency of financial
                  relations between Member States and public undertakings as well as on financial transparency within certain undertakings (OJ
                  2005 L 312, p. 47).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions
                     necessary to comply with Commission Directive 2005/81/EC of 28 November 2005 amending Directive 80/723/EEC on the transparency
                     of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings,
                     the Kingdom of Belgium has failed to fulfil its obligations under that directive; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Belgium to pay the costs.