Official Journal of the European Union

C 141/33

Action brought on 16 April 2009 — Commission of the European Communities v Kingdom of Belgium

(Case C-139/09)

2009/C 141/58

Language of the case: French


Applicant: Commission of the European Communities (represented by: L. de Schietere de Lophem and A. Marghelis, acting as Agents)

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 Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (1) or, in any event, by failing to notify those provisions to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under that directive;

order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of Directive 2006/21/EC expired on 30 April 2008. At the time the present action was brought, the defendant had not yet adopted all the measures necessary to transpose the directive or, in any event, had not notified those measures to the Commission.

(1)  OJ 2006 L 102, p. 15.