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Case C-265/10: Judgment of the Court (Eighth Chamber) of 5 May 2011 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Regulation (EC) No 1907/2006 — Chemicals — Registration, evaluation, authorisation of those substances and restrictions applicable to them — REACH Regulation — Article 126 — System of penalties in the event of infringement of the provisions of the REACH Regulation — Lack of implementation within the period prescribed)
ECLI:EU:UNKNOWN:62010CA0265
62010CA0265
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25.6.2011
Official Journal of the European Union
C 186/8
(Case C-265/10) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Regulation (EC) No 1907/2006 - Chemicals - Registration, evaluation, authorisation of those substances and restrictions applicable to them - REACH Regulation - Article 126 - System of penalties in the event of infringement of the provisions of the REACH Regulation - Lack of implementation within the period prescribed)
2011/C 186/13
Language of the case: Dutch
Parties
Applicant: European Commission (represented by: P. Oliver and M. van Beek, acting as Agents)
Defendant: Kingdom of Belgium (represented by: T. Materne and L. Van den Broeck, acting as Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 126 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p.1) — Penalties applicable for infringement of the REACH Regulation
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to implement the penalties applicable to infringements of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, the Kingdom of Belgium has failed to fulfil its obligations under Article 126 of that regulation;
2.Orders the Kingdom of Belgium to pay the costs.
(<span class="super">1</span>) OJ C 221, 14.8.2010.