CELEX: 62006CJ0227
Failure of a Member State to fulfil obligations
Articles 28 EC and 30 EC
Measures having equivalent effect
Construction products
Directive 89/106/EEC
Absence of harmonised standards
National marks of conformity
Presumption of conformity

Failure of a Member State to fulfil obligations – Infringement of Articles 28 EC and 30 EC – National law imposing a
de facto
obligation for economic operators wishing to market in Belgium construction products lawfully produced and/or marketed in
another Member State to obtain Belgian marks of conformity in order to market those products in Belgium.
Operative part
The Court:
1.
Declares that, by encouraging economic operators wishing to market in Belgium construction products lawfully manufactured
and/or marketed in another Member State to obtain Belgian marks of conformity, the Kingdom of Belgium has failed to fulfil
its obligations under Articles 28 EC and 30 EC;
2.
Orders the Kingdom of Belgium to pay the costs.