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Act To Amend Act Of 4 December 2006 On The Use Of Railway Infrastructure, The Act Of December 19, 2006 Safe Railway Operations And The Judicial Code As Regards The Appeal Against Certain Decisions D

Original Language Title: Loi modifiant la loi du 4 décembre 2006 relative à l'utilisation de l'infrastructure ferroviaire, la loi du 19 décembre 2006 relative à la sécurité d'exploitation ferroviaire et le Code judiciaire en ce qui concerne le recours contre certaines décisions d

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belgiquelex.be - Carrefour Bank of Legislation

26 JANVIER 2010. - An Act to amend the Act of 4 December 2006 relating to the use of railway infrastructure, the Act of 19 December 2006 on railway safety and the Judicial Code with respect to the appeal against certain decisions of the supervisory body and the security authority (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - Introduction
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
It partially transposes:
- Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the distribution of railway infrastructure capacity, railway infrastructure pricing and security certification;
- Directive 2004/49/EC of the European Parliament and Council of 29 April 2004 on the security of community railways and amending Directive 95/18/EC of the Council on the licences of railway companies, as well as Directive 2001/14/EC on the distribution of railway infrastructure capacities, the pricing of railway infrastructure and the security certification (rail safety directive), as amended by Directive 2008/110/EC of the European Parliament and the Council of 16 December 2008
- Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers ensuring the conduct of locomotives and trains on the railway system in the Community.
CHAPTER 2. - Amendments to the Act of 4 December 2006 on the use of railway infrastructure
Art. 2. In Title II, Chapter VI, of the Act of 4 December 2006 on the use of railway infrastructure, as amended by the Act of 26 January 2010, a section 3/1 entitled:
Section 3/1. - Jurisdictional control."
Art. 3. In section 3/1 inserted by section 2, an article 66/1 is inserted as follows:
"Art. 66/1. - An appeal to the Court of Appeal of Brussels sitting as referred shall be open to any person justifying an interest against the decisions of the control body made under articles 63, §§ 2 and 3, and 64.
The Brussels Court of Appeal is seized of the substance of the dispute and has full jurisdiction. "
CHAPTER 3. - Amendments to the Railway Safety Act of 19 December 2006
Art. 4. In Title II, Chapter II, of the Railway Safety Act of 19 December 2006, as amended by the Program Act of 22 December 2008 and the Act of 26 January 2010, a section 2/2 entitled:
"Section 2/2. - Jurisdictional control."
Art. 5. In section 2/2 inserted by section 4, an article 14/5 is inserted as follows:
"Art. 14/5. An appeal to the Brussels Court of Appeal serving as a reference is open to any person justifying an interest against the decisions of the security authority made under articles 12, 13, 14 and 37/16.
The Brussels Court of Appeal is seized of the substance of the dispute and has full jurisdiction. "
CHAPTER 4. - Amendments to the Judicial Code
Art. 6. Article 605quater of the Judiciary Code, inserted by the law of 27 July 2005 and amended by the law of 8 December 2006, is supplemented by the 6th and 7th written as follows:
"6° Article 66/1 of the Act of 4 December 2006 on the use of railway infrastructure;
7° Article 14/5 of the Act of 19 December 2006 on railway safety. "
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 26 January 2010.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
Minister of Justice,
S. DE CLERCK
The Secretary of State for Mobility,
E. SCHOUPPE
Seal of the state seal:
Minister of Justice,
S. DECLERCK
Note
(1) 2009-2010 session.
House of Representatives
Documents. - Bill, 52-2249 - Nr. 1. - Amendments, 52-2249 - No. 2. - Report, 52-2249 - No. 3. - Text adopted by the commission, 52-2249 - No. 4. - Text adopted in plenary and transmitted to the Senate, 52-2249 - No. 5.
Full report: 7 January 2010.
Senate
Documents. - Project referred to by the Senate, 4-1572 - No. 1. - Report, 4-1572 - No. 2. - Text adopted in plenary and subject to Royal Assent, 4-1572 - No. 3.
Annales of the Senate: January 14, 2010.