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Judgment of the Court (Fifth Chamber) of 28 July 2011. # European Commission v Kingdom of Belgium. # Failure of a Member State to fulfil obligations - Directive 2005/81/EC - Transparency of financial relations between Member States and public undertakings - Undertaking subject to the obligation of keeping separate accounts - Non-transposition within the period prescribed. # Case C-133/10.
ECLI:EU:C:2011:527
62010CJ0133
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(Case C‑133/10)
Failure of a Member State to fulfil obligations – Directive 2005/81/EC – Transparency of financial relations between Member States and public undertakings – Undertaking subject to the obligation of keeping separate accounts – Failure to transpose within the prescribed period
Re:
Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the provisions necessary to comply with Commission Directive 2005/81/EC of 28 November 2005 amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (OJ 2005 L 312, p. 47).
Operative part
The Court:
1.Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Commission Directive 2005/81/EC of 28 November 2005 amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings, the Kingdom of Belgium has failed to fulfil its obligations under that directive;
2.Orders the Kingdom of Belgium to pay the costs.