Judgment of the Court (Third Chamber) of 13 March 2008 –

Commission v Belgium

(Case C‑227/06)

Failure of a Member State to fulfil obligations – Articles 28 EC and 30 EC – Measures having equivalent effect – Construction products – Directive 89/106/EEC – Absence of harmonised standards – National marks of conformity – Presumption of conformity

Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Arts 28 EC and 30 EC) (see paras 52-69, operative part)

Re:

Operative part

The Court:

1.Declares that, by encouraging economic operators wishing to market in Belgium construction products lawfully manufactured and/or marketed in another Member State to obtain Belgian marks of conformity, the Kingdom of Belgium has failed to fulfil its obligations under Articles 28 EC and 30 EC;

2.Orders the Kingdom of Belgium to pay the costs.