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Judgment of the Court (Fifth Chamber) of 30 June 2009. # Commission of the European Communities v Kingdom of Belgium. # Failure of Member State to fulfil obligations - Directive 2005/68/EC - Reinsurance - Failure to adopt within the prescribed period. # Case C-490/08.
ECLI:EU:C:2009:411
62008CJ0490
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(Case C‑490/08)
Failure of Member State to fulfil obligations – Directive 2005/68/EC – Reinsurance – Failure to adopt within the prescribed period
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. 226 EC) (see para. 8)
Failure of Member State to fulfil obligations – Failure to adopt or communicate, within the prescribed period, the measures necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC and 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC (OJ 2005 L 323, p. 1).
Operative part
The Court:
1.Declares that by failing to adopt all the laws, regulations and administrative provisions necessary in order to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC and 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC or, in any event, by not communicating those measures to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under that directive;
2.Orders the Kingdom of Belgium to pay the costs.