Official Journal of the European Union

C 35/16

(Case C-767/19) (*)

(Failure of a Member State to fulfil obligations - Directives 2009/72/EC and 2009/73/EC - Internal market in electricity and natural gas - Effective separation between the operation of electricity and gas transmission networks on the one hand, and supply and production activities on the other - Establishment of independent national regulatory authorities)

(2021/C 35/21)

Language of the case: French

Parties

Applicant: European Commission (represented by: O. Beynet and Y. G. Marinova, acting as Agents)

Defendant: Kingdom of Belgium (represented by: L. Van den Broeck, M. Jacobs and C. Pochet, acting as Agents, and by G. Block, avocat)

Operative part of the judgment

The Court:

1.Declares that the Kingdom of Belgium has failed to fulfil its obligations under Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, and Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, by failing to correctly transpose:

—Article 9(1)(a) of both Directive 2009/72 and Directive 2009/73;

—Article 37(4)(a) and (b) of Directive 2009/72 and Article 41(4)(a) and (b) of Directive 2009/73, and

—Article 37(6)(a) to (c) and Article 37(9) of Directive 2009/72 and Article 41(6)(a) to (c) and Article 41(9) of Directive 2009/73.

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

(*) Language of the case: English.

OJ C 10, 13.1.2020.