CELEX: C2006/086/27
Language: en
Date: 2006-04-08 00:00:00
Title: Case C-65/06: Action brought on  6 February 2006  by the Commission of the European Communities against the Kingdom of Belgium

8.4.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 86/15
            
         Action brought on 6 February 2006 by the Commission of the European Communities against the Kingdom of Belgium
   (Case C-65/06)
   (2006/C 86/27)
   Language of the case: Dutch
   An action against the Kingdom of Belgium was brought before the Court of Justice of the European Communities on 6 February 2006 by the Commission of the European Communities, represented by Ramón Vidal Puig and Wouter Wils, acting as Agents, with an address for service in Luxembourg.
   The Commission of the European Communities claims that the Court should:
   
               1.
            
            
               declare that, by not laying down sanctions for infringements of Regulation (EC) No 261/2004 (1) of the European Parliament and of the Council of 11 February 2004, the Kingdom of Belgium has failed to fulfil its obligations under Article 16(3) of that regulation;
            
         
               2.
            
            
               order the Kingdom of Belgium to pay the costs.
            
         Pleas in law and main arguments
   Article 16(3) of Regulation No 261/2004 provides: ‘The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive’. Article 19 provides that Regulation No 261/2004 was to enter into force on 17 February 2005. According to the information before the Commission, Belgium has not as yet laid down any sanctions for infringements of the Regulation which are effective, proportionate and dissuasive.
   
      (1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).