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Judgment of the Court (Fifth Chamber) of 11 December 2008. # Commission of the European Communities v Kingdom of Belgium. # Failure of a Member State to fulfil obligations - Directive 2006/100/EC - Freedom of movement for persons - Amendment of certain directives by reason of the accession of the Republic of Bulgaria and Romania to the European Union - Failure to transpose within the prescribed period. # Case C-239/08.

ECLI:EU:C:2008:719

62008CJ0239

December 11, 2008
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(Case C-239/08)

Failure of a Member State to fulfil obligations – Directive 2006/100/EC – Freedom of movement for persons – Amendment of certain directives by reason of the accession of the Republic of Bulgaria and Romania to the European Union – Failure to transpose within the prescribed period

Re:

Failure of a Member State to fulfil obligations – Failure to adopt or communicate, within the prescribed period, the measures necessary to comply with Council Directive 2006/100/EC of 20 November 2006 amending certain directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141).

Operative part

The Court:

1.Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Council Directive 2006/100/EC of 20 November 2006 amending certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, the Kingdom of Belgium has failed to fulfil its obligations under Article 2 of that directive;

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

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