Commission of the European Communities v Kingdom of Belgium. (Member States) [1993] EUECJ C-31/93 (15 December 1993)

Judgment 1 By application lodged at the Court Registry on 2 February 1993, 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 time-limit the laws, regulations and administrative provisions necessary in order to comply with the provisions of Commission Directive 90/490/EEC of 25 September 1990 (OJ 1990 L 271, p. 28) amending certain annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (OJ 1977 L 26, p. 20) and of Commission Directive 90/506/EEC of 26 September 1990 (OJ 1990 L 282, p. 67) amending Annex IV to Directive 77/93/EEC, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty. 2 The Commission submits that, under Article 2 of both Directive 90/490/EEC and Directive 90/506/EEC, the Member States were to bring into force by 1 January 1991 the laws, regulations and administrative provisions necessary to comply with those directives and that they were immediately to inform the Commission thereof. However, the Kingdom of Belgium has not yet transposed the directives into national law. 3 The Belgian Government admits that the directives have not been transposed within the prescribed time-limit. It merely states that priority is being given to a draft Royal Decree, so that the directives will be transposed in the shortest possible time. 4 It must therefore be held that the Kingdom of Belgium has failed to fulfil its obligations as set out in the Commission' s claims. Costs 5 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs. Since the Kingdom of Belgium has been unsuccessful, it must be ordered to pay the costs. On those grounds, THE COURT hereby: 1. Declares that, by failing to adopt within the prescribed time-limit the laws, regulations and administrative provisions necessary in order to comply with the provisions of Commission Directive 90/490/EEC of 25 September 1990 amending certain annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products and of Commission Directive 90/506/EEC of 26 September 1990 amending Annex IV to Directive 77/93/EEC, 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