Avis juridique important

Judgment of the Court of 13 June 1990. - Commission of the European Communities v Kingdom of Belgium. - Failure of a Member State to fulfil its obligations - Non-compliance with a directive - Reports concerning the disposal of water. - Case C-162/89. European Court reports 1990 Page I-02391 Pub.RJ Page Pub somm

Summary Parties Operative part

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Member States - Obligations - Implementation of directives - Failure - Justification - Not permissible

( EEC Treaty, Art . 169 )

As the Court has consistently held, a Member State may not plead provisions, practices or circumstances in its internal legal system in order to justify a failure to comply with obligations and time-limits laid down by Community directives .

In Case C-162/89

Commission of the European Communities, represented originally by T . van Rijn, a member of its Legal Department, acting as Agent, and subsequently by E . Vliebergh, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,

applicant,

v

Kingdom of Belgium, represented by J . Devadder, Deputy Adviser in the Ministry of Foreign Affairs, Foreign Trade and Cooperation with Developing Countries, with an address for service in Luxembourg at the Belgian Embassy, 4 rue des Girondins,

defendant,

APPLICATION for a declaration, that, by failing to forward to the Commission within the prescribed periods the reports referred to in Article 18 of Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils ( Official Journal 1975, L 194, p . 23 ), as amended by Council Directive 87/101/EEC of 22 December 1986 ( Official Journal 1987, L 42, p . 43 ), Article 12 of Council Directive 75/442/EEC of 15 July 1975 on waste ( Official Journal 1975, L 194, p . 39 ), Article 10 of Council Directive 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls ( Official Journal 1976, L 108, p . 4 ) and Article 16 of Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste ( Official Journal 1978, L 84, p . 43 ), in relation to the Flemish Region and the Region of Brussels-Capital, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty,

THE COURT

composed of : O . Due, President, Sir Gordon Slynn and F . A . Schockweiler ( Presidents of Chambers ), G . F . Mancini, R . Joliet, T . F . O' Higgins, G . C . Rodríguez Iglesias, M . Diez de Velasco and P . G . J . Kapteyn, Judges,

( the grounds of the judgment are not reproduced )

hereby :

( 1 ) Declares that, by failing to forward to the Commission within the prescribed periods the reports needed, in relation to the Region of Brussels-Capital, in order to comply with Article 18 of Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December 1986, Article 12 of Council Directive 75/442/EEC of 15 July 1975 on waste, Article 10 of Council Directive 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls and Article 16 of Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty;

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