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Case C-239/08: Action brought on 2 June 2008 — Commission of the European Communities v Kingdom of Belgium
ECLI:EU:UNKNOWN:62008CN0239
62008CN0239
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19.7.2008
EN
Official Journal of the European Union
C 183/16
(Case C-239/08)
(2008/C 183/33)
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: C. Huvelin, acting as Agent)
Defendant: Kingdom of Belgium
Form of order sought
—Declare that by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (1), or, in any event, by not informing the Commission thereof, the Kingdom of Belgium has failed to fulfil its obligations under Article 2 of that directive;
—order the Kingdom of Belgium to pay the costs.
Pleas in law and main arguments
The time-limit for transposing Directive 2006/100/EC expired on the date of accession of Bulgaria and Romania to the European Union, namely on 1 January 2007. At the time the action was brought, all the measures necessary to transpose the directive had not yet been taken or communicated to the Commission by the defendant.
* * *
(1) OJ 2006 L 363. p. 141.