17.11.2012   

EN

Official Journal of the European Union

C 355/11


Action brought on 13 September 2012 — European Commission v Kingdom of Belgium

(Case C-421/12)

2012/C 355/18

Language of the case: French

Parties

Applicant: European Commission (represented by: M. van Beek and M. Owsiany-Hornung, acting as Agents)

Defendant: Kingdom of Belgium

Form of order sought

Declare that:

by excluding from the scope of the Law of 5 June 2007 transposing Directive 2005/29/EC on unfair commercial practices (1) members of a profession and dentists and physiotherapists, the Kingdom of Belgium has failed to fulfil its obligations under Article 3, combined with Article 2(b) and (d) of that directive;

by maintaining in force Articles 20, 21 and 29 of the Law of 6 April 2010 on market practices and consumer protection, the Kingdom of Belgium has failed to fulfil its obligations under Article 4 of Directive 2005/29/EC on unfair commercial practices;

by maintaining in force the third subparagraph of Article 4(1) of the Law of 25 June 1993 on the exercise and organisation of travelling trading and fairground activities as inserted by Article 7 of the Law of 4 July 2005 modifying the Law of 25 June 1993 on the exercise of travelling trading activities and the organisation of public markets, and point 4 of Article 5(1) of the Royal Decree of 24 September 2006 concerning the exercise and organisation of travelling trading activities, the Kingdom of Belgium has failed to fulfil its obligations under Article 4 of Directive 2005/29/EC on unfair commercial practices.

Order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The period for transposition of Directive 2005/29/EC expired on 12 June 2007.


(1)  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22).