Judgment of the Court of 4 June 1987. - Commission of the European Communities v Kingdom of Belgium. - Methods of testing the biodegradability of surfactants - Implementation of certain directiaves in national law. - Case 134/86.



European Court reports 1987 Page 02415



Summary

Parties

Grounds

Decision on costs

Operative part



Keywords

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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - UNACCEPTABLE

( EEC TREATY, ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS, PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS LAID DOWN BY COMMUNITY DIRECTIVES .

THE GOVERNMENTS OF THE MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES AND MUST THEREFORE BE IN A POSITION TO PREPARE, WITHIN THE PERIOD PRESCRIBED, THE DRAFT LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION .

Parties

IN CASE 134/86

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY MAURICE GUERRIN, A MEMBER OF ITS LEGAL DEPARTMENT, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF GEORGE KREMLIS, JEAN MONNET BUILDING, KIRCHBERG,

APPLICANT,

V

KINGDOM OF BELGIUM, REPRESENTED BY ROBERT HOEBAER, A DIRECTOR AT THE MINISTRY OF FOREIGN AFFAIRS, FOREIGN TRADE AND COOPERATION WITH DEVELOPING COUNTRIES, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE BELGIAN EMBASSY, 4 RUE DES GIRONDINS,

DEFENDANT,

APPLICATION FOR A DECLARATION THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH :

COUNCIL DIRECTIVE 82/242/EEC OF 31 MARCH 1982 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO METHODS OF TESTING THE BIODEGRADABILITY OF NON-IONIC SURFACTANTS AND AMENDING DIRECTIVE 73/404/EEC ( OFFICIAL JOURNAL 1982, L 109, P . 1 ), AND

COUNCIL DIRECTIVE 82/243/EEC OF 31 MARCH 1982 AMENDING DIRECTIVE 73/405/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO METHODS OF TESTING THE BIODEGRADABILITY OF ANIONIC SURFACTANTS ( OFFICIAL JOURNAL 1982, L 109, P . 18 ),

THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY,

THE COURT

COMPOSED OF : T . F . O' HIGGINS, PRESIDENT OF CHAMBER, ACTING AS PRESIDENT, F . A . SCHOCKWEILER, PRESIDENT OF CHAMBER, T . KOOPMANS, O . DUE, K . BAHLMANN, R . JOLIET AND G . C . RODRIGUEZ IGLESIAS, JUDGES,

ADVOCATE GENERAL : J . MISCHO

REGISTRAR : B . PASTOR, ADMINISTRATOR

HAVING REGARD TO THE REPORT FOR THE HEARING AND FURTHER TO THE HEARING ON 25 MARCH 1987,

AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 25 MARCH 1987,

GIVES THE FOLLOWING

JUDGMENT

Grounds

1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 3 JUNE 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 PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVES 82/242/EEC AND 82/243/EEC, WHICH AMEND TWO EARLIER DIRECTIVES RELATING TO METHODS OF TESTING THE BIODEGRADABILITY OF SURFACTANTS, THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .

2 THE DIRECTIVES IN QUESTION ARE THE FOLLOWING :

COUNCIL DIRECTIVE 82/242/EEC OF 31 MARCH 1982 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO METHODS OF TESTING THE BIODEGRADABILITY OF NON-IONIC SURFACTANTS AND AMENDING DIRECTIVE 73/404/EEC ( OFFICIAL JOURNAL 1982, L 109, P . 1 ); AND

COUNCIL DIRECTIVE 82/243/EEC OF 31 MARCH 1982 AMENDING DIRECTIVE 73/405/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO METHODS OF TESTING THE BIODEGRADABILITY OF ANIONIC SURFACTANTS ( OFFICIAL JOURNAL 1982, L 109, P . 18 ).

3 ARTICLE 6 OF DIRECTIVE 82/242 PROVIDES THAT MEMBER STATES MUST BRING INTO FORCE THE PROVISIONS NECESSARY TO COMPLY WITH THE DIRECTIVE WITHIN A PERIOD OF 18 MONTHS FOLLOWING ITS NOTIFICATION, AND MUST FORTHWITH INFORM THE COMMISSION THEREOF . THE SAME OBLIGATIONS ARE CONTAINED IN ARTICLE 2 OF DIRECTIVE 82/234 .

4 THE COMMISSION DID NOT RECEIVE ANY INFORMATION FROM THE BELGIAN GOVERNMENT ON MEASURES FOR IMPLEMENTING THOSE DIRECTIVES; ON 12 NOVEMBER 1984 IT THEREFORE SENT THE BELGIAN GOVERNMENT A FORMAL LETTER CALLING UPON IT TO SUBMIT ITS OBSERVATIONS . AFTER DELIVERING A REASONED OPINION ON 23 SEPTEMBER 1985, TO WHICH THERE WAS NO REPLY, THE COMMISSION BROUGHT THE PRESENT ACTION .

5 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR AN ACCOUNT OF THE BACKGROUND TO THE DISPUTE AND THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .

6 THE BELGIAN GOVERNMENT ADMITS THAT IT HAS NOT FULFILLED ITS OBLIGATIONS, BUT STATES THAT IN JULY 1986 A DRAFT ROYAL DECREE FOR THE IMPLEMENTATION OF THE DIRECTIVES WAS SUBMITTED TO THE CONSEIL D' ETAT ( STATE COUNCIL ), WHICH ISSUED A NEGATIVE OPINION ON THE DRAFT ON THE GROUND THAT THE WALLOON REGION HAD ALREADY ISSUED A DECREE ON THE MATTER . CONSEQUENTLY, THE BELGIAN GOVERNMENT HAD DECIDED TO REFER THE MATTER TO THE COUR D' ARBITRAGE ( COURT OF ARBITRATION ) IN ORDER TO RESOLVE THE CONFLICT OF POWERS . AT THE HEARING THE BELGIAN GOVERNMENT STATED THAT THE RULING OF THE COUR D' ARBITRAGE WOULD PROBABLY NOT BE GIVEN FOR ANOTHER THREE OR FOUR MONTHS .

7 AS THE COURT HAS CONSISTENTLY HELD, A MEMBER STATE MAY NOT PLEAD PROVISIONS, PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS LAID DOWN BY COMMUNITY DIRECTIVES ( SEE, MOST RECENTLY, THE JUDGMENT OF 12 MARCH 1987 IN CASE 9/86 COMMISSION V BELGIUM (( 1987 ))*).

8 MOREOVER, AS THE COURT HELD IN ITS JUDGMENT OF 29 JANUARY 1987 ( CASE 364/85 COMMISSION V ITALIAN REPUBLIC (( 1987 )) ECR 487 AT P.*491 ), THE GOVERNMENTS OF THE MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES AND MUST THEREFORE BE IN A POSITION TO PREPARE, WITHIN THE PERIOD PRESCRIBED, THE DRAFT LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION .

9 ACCORDINGLY, IT MUST BE DECLARED THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVES 82/242/EEC AND 82/243/EEC OF 31 MARCH 1982 THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .

Decision on costs

COSTS

10 UNDER ARTICLE 69*(2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY 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 provisions necessary to comply with Council Directives 82/242/EEC and 82/243/EEC of 31 March 1982 the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty;

( 2 ) Orders the Kingdom of Belgium to pay the costs .