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Judgment of the Court (Seventh Chamber) of 29 July 2010. # European Commission v Kingdom of Belgium. # Failure of a Member State to fulfil obligations - Directive 2006/66/EC - Batteries and accumulators and waste batteries and accumulators - Failure to transpose within the prescribed period. # Case C-513/09.
ECLI:EU:C:2010:460
62009CJ0513
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(Case C‑513/09)
Failure of a Member State to fulfil obligations – Directive 2006/66/EC – Batteries and accumulators and waste batteries and accumulators – Failure to transpose within the prescribed period
Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU; European Parliament and Council Directive 2006/66) (see paras 9-12)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt or communicate, within the prescribed period, all the provisions necessary to comply with Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ 2006 L 266, p. 1).
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 Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC, the Kingdom of Belgium has failed to fulfil its obligations under that directive;
2.Orders the Kingdom of Belgium to bear the costs.