Avis juridique important

Judgment of the Court of 21 February 1990. - Commission of the European Communities v Kingdom of Belgium. - State aid - Recovery - Failure to implement. - Case C-74/89. European Court reports 1990 Page I-00491 Pub.RJ Page Pub somm

Summary Parties Operative part

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Member States - Obligations - Failure to fulfil obligations - Justification - Not permissible

( EEC Treaty, Art . 93(2 ), second subparagraph )

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 .

In Case C-74/89

Commission of the European Communities, represented by its Legal Advisers Antonino Abate and Thomas F . Cusack, acting as Agents, 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 Robert Hoebaer, Director of Administration at the Ministry of Foreign Affairs, External 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 not complying with the Commission Decision of 30 November 1983 on aid granted by the Belgian Government to a synthetic fibre producer, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty,

THE COURT

composed of : O . Due, President, F . A . Schockweiler ( President of Chamber ), T . Koopmans, R . Joliet, T . F . O' Higgins, G . C . Rodríguez Iglesias and M . Diez de Velasco, Judges,

hereby :

( 1)Declares that by not complying with Commission Decision 84/111/EEC of 30 November 1983 on the proposal of the Belgian Government to grant aid to a synthetic fibre producer, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty;

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