19.7.2008   

EN

Official Journal of the European Union

C 183/16


Action brought on 2 June 2008 — Commission of the European Communities v Kingdom of Belgium

(Case C-239/08)

(2008/C 183/33)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: C. Huvelin, acting as Agent)

Defendant: Kingdom of Belgium

Form of order sought

Declare that by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (1), or, in any event, by not informing the Commission thereof, the Kingdom of Belgium has failed to fulfil its obligations under Article 2 of that directive;

order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The time-limit for transposing Directive 2006/100/EC expired on the date of accession of Bulgaria and Romania to the European Union, namely on 1 January 2007. At the time the action was brought, all the measures necessary to transpose the directive had not yet been taken or communicated to the Commission by the defendant.


(1)  OJ 2006 L 363. p. 141.