CELEX: 61986CJ0009
Implementation of a directive
Community driving licence

Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 15 JANUARY 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 LAWS, REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 80/1263 OF 4 DECEMBER 1980 ON THE INTRODUCTION OF A COMMUNITY DRIVING LICENCE ( OFFICIAL JOURNAL L*375, P . 1 ) THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
2 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR THE PROVISIONS OF THE DIRECTIVE AT ISSUE AND THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
3 THE COMMISSION HAS REFERRED IN PARTICULAR TO THE REQUIREMENTS OF ARTICLE 6 ( 1 ) OF THE DIRECTIVE ACCORDING TO WHICH A DRIVING LICENCE IS TO BE ISSUED ONLY TO THOSE WHO HAVE PASSED A PRACTICAL AND THEORETICAL TEST AND MEET MEDICAL STANDARDS .
4 THE KINGDOM OF BELGIUM DOES NOT DENY THE FAILURE ALLEGED BUT CITED AT THE HEARING SLOWNESS OF THE ADMINISTRATIVE PROCESS AND PRACTICAL DIFFICULTIES WHICH, ACCORDING TO IT, ACCOUNT FOR THE DELAY IN IMPLEMENTING THE DIRECTIVE .
5 THE COURT HAS CONSISTENTLY HELD THAT A MEMBER STATE MAY NOT RELY ON PROVISIONS, PRACTICES OR SITUATIONS IN ITS NATIONAL LEGAL SYSTEM IN ORDER TO JUSTIFY FAILURE TO COMPLY WITH THE OBLIGATIONS AND TIME-LIMITS LAID DOWN BY DIRECTIVES .
6 IT FOLLOWS FROM THE AFOREGOING THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE LAWS, REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 80/1263 OF 4 DECEMBER 1980 ON THE INTRODUCTION OF A COMMUNITY DRIVING LICENCE, THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
Decision on costs
COSTS
7 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS IS TO BE ORDERED TO PAY THE COSTS . SINCE THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS
THE COURT
HEREBY :
( 1 ) DECLARES THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE LAWS, REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 80/1263 OF 4 DECEMBER 1980 ON THE INTRODUCTION OF A COMMUNITY DRIVING LICENCE, THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY;
( 2 ) ORDERS THE KINGDOM OF BELGIUM TO PAY THE COSTS .