Judgment of the Court (Seventh Chamber) of 13 December 2007 – Commission v Belgium
(Case C‑528/06)
Failure of a Member State to fulfil obligations – Directive 2003/98/EC – Re-use of public sector information – Failure to transpose into national law within the prescribed period
1.Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 7)
2.Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 8)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ 2003 L 345, p. 90). |
Operative part
The Court:
1. |
| Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information, the Kingdom of Belgium has failed to fulfil its obligations under that directive; |
2. |
| Orders the Kingdom of Belgium to pay the costs. |