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	Court of Justice of the European Communities (including Court of First Instance Decisions)
You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Kingdom of Belgium (Judgment of the Court (Fifth Chamber)) [2008] EUECJ C-239/08 (11 December 2008) URL: http://www.bailii.org/eu/cases/EUECJ/2008/C22308.html Cite as: EU:C:2008:719, [2008] EUECJ C-239/08, ECLI:EU:C:2008:719, [2008] EUECJ C-239/8

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Judgment of the Court (Fifth Chamber) of 11 December 2008 – Commission v Belgium

(Case C-239/08)

Failure of a Member State to fulfil obligations – Directive 2006/100/EC – Freedom of movement for persons – Amendment of certain directives by reason of the accession of the Republic of Bulgaria and Romania to the European Union – Failure to transpose within the prescribed period

1.                     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. 226 EC) (see para. 9)

2.                     Freedom of movement for persons – Amendment of secondary legislation by reason of the accession of Bulgaria and Romania – Directive 2006/100 (Art. 226 EC; Council Directive 2006/100, Art. 2) (see paras 8-11)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt or communicate, within the prescribed period, the measures necessary to comply with Council Directive 2006/100/EC of 20 November 2006 amending certain directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141).

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 Council Directive 2006/100/EC of 20 November 2006 amending certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, the Kingdom of Belgium has failed to fulfil its obligations under Article 2 of that directive;

2.

Orders the Kingdom of Belgium to pay the costs.