Judgment of the Court of 15 December 1993. - Commission of the European Communities v Kingdom of Belgium. - Failure to fulfil obligations - Directives 90/490/EEC and 90/506/EEC - Failure to transpose within the prescribed period. - Case C-31/93.



European Court reports 1993 Page I-06825



Parties

Grounds

Decision on costs

Operative part



Keywords

++++

Member States ° Obligations ° Implementation of directives ° Failure to fulfil obligations not contested

(EEC Treaty, Art. 169)

Parties

In Case C-31/93,

Commission of the European Communities, represented by Thomas van Rijn, of its Legal Service, acting as Agent, with an address for service in Luxembourg at the office of Nicola Annecchino, of its Legal Service, Wagner Centre, Kirchberg,

applicant,

v

Kingdom of Belgium, represented by Jan Devadder, Director of Administration at the Ministry of Foreign Affairs, External Trade and Cooperation with Developing Countries, acting as Agent, with an address for service in Luxembourg at the Belgian Embassy, Résidence Champagne, 4 Rue des Girondins,

defendant,

APPLICATION 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,

THE COURT,

composed of: J.C. Moitinho de Almeida (President of Chamber), acting for the President, M. Diez de Velasco and D.A.O. Edward (Presidents of Chambers), C.N. Kakouris, R. Joliet, G.C. Rodríguez Iglesias, F. Grévisse, M. Zuleeg and P.J.G. Kapyten, Judges,

Advocate General: C.O. Lenz,

Registrar: D. Louterman-Hubeau, Principal Administrator,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 10 November 1993,

gives the following

Judgment

Grounds

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.

Decision on costs

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.

Operative part

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.