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14.8.2010 |
EN |
Official Journal of the European Union |
C 221/21 |
Action brought on 28 May 2010 — European Commission v Kingdom of Belgium
(Case C-265/10)
()
2010/C 221/35
Language of the case: Dutch
Parties
Applicant: European Commission (represented by: P. Oliver and M. van Beek, acting as Agents)
Defendant: Kingdom of Belgium
Form of order sought
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Declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to implement the penalties for infringement of Regulation (EC) No 1907/2006 (1) of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, or in any event in failing to inform the Commission thereof, the Kingdom of Belgium has failed to fulfil its obligations under the provisions of Article 126 of Regulation (EC) No 1907/2006; |
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order the Kingdom of Belgium to pay the costs. |
Pleas in law and main arguments
As the Kingdom of Belgium has not adopted all the measures with regard to the implementation of penalties for infringement of the REACH Regulation, which should have entered into force by 1 December 2008 at the latest, or at least has failed to inform the Commission thereof, the Commission concludes that the Kingdom of Belgium has failed to fulfil its obligations under Article 126 of that regulation.