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Judgment of the Court (Seventh Chamber) of 10 May 2007. # Commission of the European Communities v Kingdom of Belgium. # Failure of a Member State to fulfil obligations - Protection of workers - Major accident hazards involving dangerous substances - Failure to transpose within the prescribed period. # Case C-407/06.
ECLI:EU:C:2007:279
62006CJ0407
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(Case C‑407/06)
Failure of a Member State to fulfil its obligations – Directive 2003/105/EC – Protection of workers – Major accident hazards involving dangerous substances – Failure to transpose within the prescribed period
Actions for failure to fulfil obligations – Examination of 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. 9)
Re:
Failure of a Member State to fulfil its obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (OJ 2003 L 345, p. 97).
Operative part
The Court:
Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances, the Kingdom of Belgium has failed to fulfil its obligations under that directive;
Orders the Kingdom of Belgium to pay the costs.