Avis juridique important

Judgment of the Court of 19 February 1991. - Commission of the European Communities v Kingdom of Belgium. - Failure of a State to fulfil obligations - Failure to comply with the judgment in Case 5/86. - Case C-375/89. European Court reports 1991 Page I-00383 Pub.RJ Page Pub somm

Summary Parties Operative part

++++

1. Member States - Obligations - Failure to fulfil obligations - Justification - Not acceptable

(EEC Treaty, Art. 169)

2. Application for failure to fulfil obligations - Judgment of the Court finding such failure - Period for compliance

(EEC Treaty, Art. 171)

1. As the Court has consistently held, a Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with its obligations under Community law.

2. The process of complying with a judgment declaring that a Member State has failed to fulfil its obligations must be initiated at once and must be completed as soon as possible (see the judgment of 13 July 1988 in Case 169/87 Commission v France [1988] ECR 4093).

In Case C-375/89,

Commission of the European Communities, represented by A. Abate, Principal Legal Adviser, and M. Nolin, a member of its Legal Department, acting as Agents, with an address for service in Luxembourg at the Office of Guido Berardis, a member of its Legal Department, Wagner Centre, Kirchberg,

applicant,

v

Kingdom of Belgium, represented by Robert Hoebaer, Director of Administration at the Ministry for Foreign Relations, Foreign Trade and Cooperation with Developing Countries, acting as Agent, with an address for service in Luxembourg at the Belgian Embassy, 4 rue des Girondins,

defendant,

APPLICATION for a declaration that, by failing to take the measures needed to comply with the judgment of the Court of Justice of 9 April 1987 in Case 5/86 Commission v Belgium [1987] ECR 1773, the Kingdom of Belgium has failed to fulfil its obligations under Article 171 of the EEC Treaty,

THE COURT

composed of O. Due, President, G. F. Mancini, T. F. O' Higgins and G. C. Rodríguez Iglesias (Presidents of Chambers), Sir Gordon Slynn, R. Joliet and F. A. Schockweiler, Judges,

(the grounds of the judgment are not reproduced)

hereby:

(1) Declares that, by failing to take the measures needed to comply with the judgment of the Court of Justice of 9 April 1987, the Kingdom of Belgium has failed to fulfil its obligations under Article 171 of the EEC Treaty;

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