21.11.2009   

EN

Official Journal of the European Union

C 282/11


Judgment of the Court (Second Chamber) of 1 October 2009 — Commission of the European Communities v Kingdom of Belgium

(Case C-219/08) (1)

(Failure of a Member State to fulfil obligations - Freedom to provide services - Unjustified obstacle - Posting of workers who are nationals of non-member States)

2009/C 282/18

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: E. Traversa, J.-P. Keppenne and G. Rozet, Agents)

Defendant: Kingdom of Belgium (represented by: C. Pochet, Agent, and M. Detry, avocat)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 49 EC — Unjustified obstacle to the free provision of services — Posting of workers who are nationals of third countries

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders the Commission of the European Communities and the Kingdom of Belgium each to bear its own costs..


(1)  OJ C 183, 19.07.2008.