Judgment — ECLI:EU:C:2008:160
Date: 2008-03-13
Language of the case: French
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods
Concepts: Import or export licences and declarations, standards certificates, etc.
Procedure: Action for failure to fulfil obligations - successful
Origin: Belgium

Judgment of the Court (Third Chamber) of 13 March 2008 – Commission v Belgium (Case C‑227/06) 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 Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Arts 28 EC and 30 EC) (see paras 52-69, operative part) Re: 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.