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Case C-36/10: Judgment of the Court (Seventh Chamber) of 30 September 2010 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil its obligations — Directives 96/82/EC and 2003/105/EC — Control of major-accident hazards involving dangerous substances — Second subparagraph of Article 12(1) — Incorrect transposition)
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Official Journal of the European Union
C 317/12
(Case C-36/10) (<span class="super">1</span>)
(Failure of a Member State to fulfil its obligations - Directives 96/82/EC and 2003/105/EC - Control of major-accident hazards involving dangerous substances - Second subparagraph of Article 12(1) - Incorrect transposition)
2010/C 317/23
Language of the case: French
Parties
Applicant: European Commission (represented by: A. Sipos and J.-B. Laignelot, acting as Agents)
Defendant: Kingdom of Belgium (represented by: T. Materne, acting as Agent.)
Re:
Failure of a Member State to fulfil its obligations — Failure to adopt all the measures to comply with Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ 1997, L 10, p. 13), as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 (OJ 2003 L 345, p. 97)
Operative part of the judgment
The Court:
1.Declares that by failing to adopt within the prescribed period all the measures to correctly transpose the second subparagraph of Article 12(1) of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003, the Kingdom of Belgium has failed to fulfil its obligations under that directive;
2.Orders the Kingdom of Belgium to pay the costs.
(<span class="super">1</span>) OJ C 80, 27.03.2010.