29.8.2009
EN
Official Journal of the European Union
C 205/11
Judgment of the Court (Fifth Chamber) of 30 June 2009 — Commission of the European Communities v Kingdom of Belgium.
(Case C-490/08) (1)
(Failure of Member State to fulfil its obligations - Directive 2005/68/EC - Reinsurance - Failure to adopt within the prescribed period)
2009/C 205/20
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: N. Yerrell, acting as Agent, acting as Agent)
Defendant: Kingdom of Belgium (represented by: D. Haven, acting as Agent)
Re:
Failure of Member State to fulfil its 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 of the judgment
The Court:
1.
Declares that by not adopting all the laws, regulations and administrative provisions 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 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.
(1) OJ C 6, 10.01.2009.
Full & Egal Universal Law Academy