CELEX: 62010CJ0265
Language: en
Date: 2011-05-05 00:00:00
Title: 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.#Case C-265/10.

Judgment of the Court (Eighth Chamber) of 5 May 2011 – Commission v Belgium
      (Case C-265/10)
      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
      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) (see para. 27)
      2.                     Approximation of laws – Registration, evaluation and authorisation of chemicals – REACH Regulation – Implementation by Member
            States – Penalties in the event of failure to comply with the regulation – Federal Member State not obliged to conclude a
            cooperation agreement with the regions in order to give effect to the regulation (European Parliament and Council Regulation
            No 1907/2006, Art. 126) (see para. 37)
      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 
      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.