Failure of a Member State to fulfil obligations Re Directive 2003/98/EC use of public sector information Failure to transpose into national law within the prescribed period
Sumário
Judgment of the Court (Seventh Chamber) of 13 December 2007.
Commission of the European Communities v Kingdom of Belgium.
Failure of a Member State to fulfil obligations - Directive 2003/98/EC - Re-use of public sector information - Failure to transpose into national law within the prescribed period.
Case C-528/06.
Texto da decisão
Judgment of the Court (Seventh Chamber) of 13 December 2007 – Commission v Belgium
(Case C‑528/06)
Failure of a Member State to fulfil obligations – Directive 2003/98/EC – Re-use of public sector information – Failure to transpose into national law within the prescribed period
1. Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 7)
2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 8)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ 2003 L 345, p. 90). |
Operative part
The Court:
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Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information, the Kingdom of Belgium has failed to fulfil its obligations under that directive; |
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Orders the Kingdom of Belgium to pay the costs. |