Judgment of the Court (Fifth Chamber) of 30 June 2009.#Commission of the European Communities v Kingdom of Belgium.#Failure of Member State to fulfil obligations - Directive 2005/68/EC - Reinsurance - Failure to adopt within the prescribed period.#Case C-490/08.

Subject of the case

Failure of Member State to fulfil obligations – Failure to adopt or communicate, within the prescribed period, the measures necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC and 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC (OJ 2005 L 323, p. 1).

Operative part

Operative part

The Court:

1. Declares that by failing to adopt all the laws, regulations and administrative provisions necessary in order to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC and 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC or, in any event, by not communicating those measures to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under that directive;

2. Orders the Kingdom of Belgium to pay the costs.