Commission of the European Communities v Kingdom of Belgium. [1987] EUECJ C-134/86 (4 June 1987)

JUDGMENT 1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 3 JUNE 1986, THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVES 82/242/EEC AND 82/243/EEC, WHICH AMEND TWO EARLIER DIRECTIVES RELATING TO METHODS OF TESTING THE BIODEGRADABILITY OF SURFACTANTS, THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY . 2 THE DIRECTIVES IN QUESTION ARE THE FOLLOWING : COUNCIL DIRECTIVE 82/242/EEC OF 31 MARCH 1982 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO METHODS OF TESTING THE BIODEGRADABILITY OF NON-IONIC SURFACTANTS AND AMENDING DIRECTIVE 73/404/EEC ( OFFICIAL JOURNAL 1982, L 109, P . 1 ); AND COUNCIL DIRECTIVE 82/243/EEC OF 31 MARCH 1982 AMENDING DIRECTIVE 73/405/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO METHODS OF TESTING THE BIODEGRADABILITY OF ANIONIC SURFACTANTS ( OFFICIAL JOURNAL 1982, L 109, P . 18 ). 3 ARTICLE 6 OF DIRECTIVE 82/242 PROVIDES THAT MEMBER STATES MUST BRING INTO FORCE THE PROVISIONS NECESSARY TO COMPLY WITH THE DIRECTIVE WITHIN A PERIOD OF 18 MONTHS FOLLOWING ITS NOTIFICATION, AND MUST FORTHWITH INFORM THE COMMISSION THEREOF . THE SAME OBLIGATIONS ARE CONTAINED IN ARTICLE 2 OF DIRECTIVE 82/234 . 4 THE COMMISSION DID NOT RECEIVE ANY INFORMATION FROM THE BELGIAN GOVERNMENT ON MEASURES FOR IMPLEMENTING THOSE DIRECTIVES; ON 12 NOVEMBER 1984 IT THEREFORE SENT THE BELGIAN GOVERNMENT A FORMAL LETTER CALLING UPON IT TO SUBMIT ITS OBSERVATIONS . AFTER DELIVERING A REASONED OPINION ON 23 SEPTEMBER 1985, TO WHICH THERE WAS NO REPLY, THE COMMISSION BROUGHT THE PRESENT ACTION . 5 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR AN ACCOUNT OF THE BACKGROUND TO THE DISPUTE AND THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT . 6 THE BELGIAN GOVERNMENT ADMITS THAT IT HAS NOT FULFILLED ITS OBLIGATIONS, BUT STATES THAT IN JULY 1986 A DRAFT ROYAL DECREE FOR THE IMPLEMENTATION OF THE DIRECTIVES WAS SUBMITTED TO THE CONSEIL D' ETAT ( STATE COUNCIL ), WHICH ISSUED A NEGATIVE OPINION ON THE DRAFT ON THE GROUND THAT THE WALLOON REGION HAD ALREADY ISSUED A DECREE ON THE MATTER . CONSEQUENTLY, THE BELGIAN GOVERNMENT HAD DECIDED TO REFER THE MATTER TO THE COUR D' ARBITRAGE ( COURT OF ARBITRATION ) IN ORDER TO RESOLVE THE CONFLICT OF POWERS . AT THE HEARING THE BELGIAN GOVERNMENT STATED THAT THE RULING OF THE COUR D' ARBITRAGE WOULD PROBABLY NOT BE GIVEN FOR ANOTHER THREE OR FOUR MONTHS . 7 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 OBLIGATIONS AND TIME-LIMITS LAID DOWN BY COMMUNITY DIRECTIVES ( SEE, MOST RECENTLY, THE JUDGMENT OF 12 MARCH 1987 IN CASE 9/86 COMMISSION V BELGIUM (( 1987 ))*). 8 MOREOVER, AS THE COURT HELD IN ITS JUDGMENT OF 29 JANUARY 1987 ( CASE 364/85 COMMISSION V ITALIAN REPUBLIC (( 1987 )) ECR 487 AT P.*491 ), THE GOVERNMENTS OF THE MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES AND MUST THEREFORE BE IN A POSITION TO PREPARE, WITHIN THE PERIOD PRESCRIBED, THE DRAFT LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION . 9 ACCORDINGLY, IT MUST BE DECLARED THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVES 82/242/EEC AND 82/243/EEC OF 31 MARCH 1982 THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY . COSTS 10 UNDER ARTICLE 69*(2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS, IT MUST BE ORDERED TO PAY THE COSTS . On those grounds, THE COURT hereby : ( 1 ) Declares that by failing to adopt within the prescribed period the provisions necessary to comply with Council Directives 82/242/EEC and 82/243/EEC of 31 March 1982 the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty; ( 2 ) Orders the Kingdom of Belgium to pay the costs . © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII