Official Journal of the European Union

C 154/10

Action brought on 12 April 2006 — Commission of the European Communities v Kingdom of Belgium

(Case C-187/06)

(2006/C 154/22)

Language of the case: French


Applicant: Commission of the European Communities (represented by: J.-P. Keppenne, H. Van Vliet, Agents)

Defendant: Kingdom of Belgium

Form of order sought

declare that, by failing to execute within the prescribed period the Decision of 24 April 2002 (C(2002)1341 final) on the State aid implemented by Belgium for the Beaulieu group (Ter Lembeek International) (State Aid C 36/01, ex NN 73/00) (1), the Kingdom of Belgium has failed to fulfil its obligations under the fourth paragraph of Article 249 of the EC Treaty and Articles 2 and 3 of that Decision;

order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

Nearly four years have passed since the Belgian authorities were notified of the Decision, yet the disputed aid has not, to date, actually been reimbursed by the beneficiary. The latter is still enjoying the benefits of using the funds, which is exactly what the Decision intended to put an end to.

(1)  OJ 2002 L 296, p.60