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Case C-475/08: Judgment of the Court (Sixth Chamber) of 3 December 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2003/55/EC — Internal market in natural gas — Definitive designation of system operators — Decision exempting major new gas infrastructures from the application of certain provisions of Directive 2003/55/EC — Publication, consultation and notification obligations)
ECLI:EU:UNKNOWN:62008CA0475
62008CA0475
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Official Journal of the European Union
(Case C-475/08) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Directive 2003/55/EC - Internal market in natural gas - Definitive designation of system operators - Decision exempting major new gas infrastructures from the application of certain provisions of Directive 2003/55/EC - Publication, consultation and notification obligations)
2010/C 24/22
Language of the case: French
Parties
Applicant: European Commission (represented by: M. Patakia and B. Schima, Agents)
Defendant: Kingdom of Belgium (represented by: C. Pochet, Agent, J. Scalais and O. Vanhulst, avocats)
Re:
Failure of a Member State to fulfil its obligations — Failure to adopt all the provisions necessary to comply with Articles 7, 11 and 18, in conjunction with Article 25(2), and Article 22(3)(d) and (e) and (4) of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57) — Failure to designate systems operators for the transmission and storage of liquefied natural gas — No requirement to publish the decision exempting new large natural gas facilities from the application of the directive — No requirement to consult the other Member States or regulatory authorities concerned by the interconnection of those facilities.
Operative part of the judgment
The Court:
1.Declares that, by failing to designate transmission, storage and liquefied natural gas system operators on a definitive basis as required under Article 7 of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC, and by failing to transpose Article 22(3)(d) and (e) and (4) of that directive, the Kingdom of Belgium has failed to fulfil its obligations under those provisions;
2.Orders the Kingdom of Belgium to pay the costs.
* * *
(<span class="super">1</span>) OJ C 32, 7.2.2009.