CELEX: 62008CA0490
Language: en
Date: 2009-06-30 00:00:00
Title: Case C-490/08: Judgment of the Court (Fifth Chamber) of 30 June 2009 — Commission of the European Communities v Kingdom of Belgium. (Failure of Member State to fulfil its obligations — Directive 2005/68/EC — Reinsurance — Failure to adopt within the prescribed period)

29.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 205/11
            
         Judgment of the Court (Fifth Chamber) of 30 June 2009 — Commission of the European Communities v Kingdom of Belgium.
   (Case C-490/08) (1)
   
   (Failure of Member State to fulfil its obligations - Directive 2005/68/EC - Reinsurance - Failure to adopt within the prescribed period)
   2009/C 205/20
   Language of the case: French
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: N. Yerrell, acting as Agent, acting as Agent)
   
      Defendant: Kingdom of Belgium (represented by: D. Haven, acting as Agent)
   
      Re:
   
   Failure of Member State to fulfil its obligations — Failure to adopt or communicate, within the prescribed period, the measures necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC and 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC (OJ 2005 L 323, p. 1)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that by not adopting all the laws, regulations and administrative provisions necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC and 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC or, in any event, by not communicating those measures to the Commission, 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 6, 10.01.2009.