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Case C-239/08: Judgment of the Court (Fifth Chamber) of 11 December 2008 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil its obligations — Directive 2006/100/EC — Free movement of persons — Amendment of certain directives by reason of the accession of the Republic of Bulgaria and Romania to the European Union — Failure to transcribe within the prescribed period)

ECLI:EU:UNKNOWN:62008CA0239

62008CA0239

January 1, 2008
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7.2.2009

Official Journal of the European Union

C 32/10

(Case C-239/08)

(Failure of a Member State to fulfil its obligations - Directive 2006/100/EC - Free movement of persons - Amendment of certain directives by reason of the accession of the Republic of Bulgaria and Romania to the European Union - Failure to transcribe within the prescribed period)

(2009/C 32/17)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: C. Huvelin, acting as Agent)

Defendant: Kingdom of Belgium (represented by: D. Haven, Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt or communicate, within the prescribed time-limit, the measures necessary to comply with Council Directive 2006/100/EC of 20 November 2006 amending certain directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141).

Operative part of the judgment

The Court:

1.Declares that, by failing to adopt, within the prescribed time-limit, all the laws, regulations and administrative provisions necessary to comply with Council Directive 2006/100/EC of 20 November 2006 amending certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, the Kingdom of Belgium has failed to fulfil its obligations under Article 2 of that directive;

2.Orders the Kingdom of Belgium to pay the costs.

* * *

(<span class="super">1</span>) OJ C 183, 19.7.2008.

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