Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Directive 2004/12/EC Packaging and packaging waste
Sumário
Judgment of the Court (Seventh Chamber) of 12 July 2007.
Commission of the European Communities v Kingdom of Belgium.
Failure of a Member State to fulfil obligations - Directive 2004/12/EC - Packaging and packaging waste - Failure to transpose within the prescribed period.
Case C-90/07.
Texto da decisão
Judgment of the Court (Seventh Chamber) of 12 July 2007 – Commission v Belgium
(Case C‑90/07)
Failure of a Member State to fulfil obligations – Directive 2004/12/EC – Packaging and packaging waste – Failure to transpose 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. 11)
2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 13)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste (OJ 2004 L 47, p. 26). |
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 2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste, 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. |