CELEX: 62019CA0767
Language: en
Date: 2020-12-03 00:00:00
Title: Case C-767/19: Judgment of the Court (Tenth Chamber) of 3 December 2020 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directives 2009/72/EC and 2009/73/EC — Internal market in electricity and natural gas — Effective separation between the operation of electricity and gas transmission networks on the one hand, and supply and production activities on the other — Establishment of independent national regulatory authorities)

1.2.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 35/16
            
         
      Judgment of the Court (Tenth Chamber) of 3 December 2020 — European Commission v Kingdom of Belgium
      (Case C-767/19) (1)
      
      (Failure of a Member State to fulfil obligations - Directives 2009/72/EC and 2009/73/EC - Internal market in electricity and natural gas - Effective separation between the operation of electricity and gas transmission networks on the one hand, and supply and production activities on the other - Establishment of independent national regulatory authorities)
      (2021/C 35/21)
      Language of the case: French
      
         Parties
      
      
         Applicant: European Commission (represented by: O. Beynet and Y. G. Marinova, acting as Agents)
      
         Defendant: Kingdom of Belgium (represented by: L. Van den Broeck, M. Jacobs and C. Pochet, acting as Agents, and by G. Block, avocat)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Declares that the Kingdom of Belgium has failed to fulfil its obligations under Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, and Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, by failing to correctly transpose:
                  
                              —
                           
                           
                              Article 9(1)(a) of both Directive 2009/72 and Directive 2009/73;
                           
                        
                              —
                           
                           
                              Article 37(4)(a) and (b) of Directive 2009/72 and Article 41(4)(a) and (b) of Directive 2009/73, and
                           
                        
                              —
                           
                           
                              Article 37(6)(a) to (c) and Article 37(9) of Directive 2009/72 and Article 41(6)(a) to (c) and Article 41(9) of Directive 2009/73.
                           
                        
            
                  2.
               
               
                  Orders the Kingdom of Belgium to pay the costs.
               
            
         (1)  OJ C 10, 13.1.2020.