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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. # Case C-36/10.
ECLI:EU:C:2010:573
62010CJ0036
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(Case C‑36/10)
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
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; Council Directive 96/82, Art. 12(1), para. 2) (see paras 10-12)
Re:
Failure of a Member State to fulfil its obligations – Failure to adopt all the measures necessary in order 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
The Court:
1.Declares that, by failing to adopt within the prescribed period all the measures to transpose correctly 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.