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.

Subject of the case

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

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.