WRITTEN QUESTION No. 561/98 by Olivier DUPUIS to the Commission. Civil law in Belgium
Date: 1998-03-04
Institutions: DUPUIS, European Parliament
Subjects: Belgium, European official, civil law, divorce, national law, private international law

C 304/130

EN

Official Journal of the European Communities

2. 10. 98

The  Member  States  are  responsible  for  determining  what  measures  are  most  appropriate  to  ensure  the  free
movement of goods and it falls to the Court of justice to verify, in the cases brought before it, whether such
measures are adequate.

If  a  Member  State  fails  to  take  such  necessary  and  appropriate  measures,  it  can  be  held  responsible  by  the
national court in the light of the caselaw of the Court of justice (see joined cases C-46/93 and C-48/93 Brasserie
du pe(cid:136)cheur).

(98/C 304/196)

WRITTEN QUESTION E-0561/98

by Olivier Dupuis (ARE) to the Commission

(4 March 1998)

Subject: Civil law in Belgium

Community officials living in Belgium on a short-term basis and for purely work-related reasons are subject, for
civil  purposes,  to  different  laws  from  those  under  which  they  acquired  their  marital  status  and  are  therefore
placed  at  a  disadvantage  vis-a‘-vis  their  fellow  nationals.  In  particular,  Belgian  divorce  law,  which  is  more
restrictive than that in force in other EU Member States, is applicable to married couples whose members are not
of  Belgian  nationality  and  whose  marriages  were  contracted  under  terms  and  conditions  which  are  different
from, and on occasion more beneficial than, those provided for in Belgian law.

Can the Commission say whether the EC-Belgium agreement concerning the seat of the various EC institutions
contains any provisions on this subject?

If  private  international  law  is  applicable  between  the  nationals  of  the  Member  States  concerned  and  the
authorities  thereof,  could  the  Commission  find  out  from  the  Belgian  authorities  what  the  reasons  are  for  the
impediments to the application thereof which are encountered by EC officials living in Belgium (though not of
Belgian nationality) and involved in divorce proceedings?

Answer given by Mr Liikanen on behalf of the Commission

(23 March 1998)

Community officials acting in an official capacity are covered by the Protocol on Privileges and Immunities, in
particular Article 12 thereof.

With regard to acts falling within private law, divorce included, Article 23 of the Staff Regulations of Officials of
the European Communities provides that, subject to the Protocol on Privileges and Immunities, officials are not
exempted from fulfilling their private obligations nor complying with the law and police regulations in force. It
follows  that  the  status  of  Community  officials  does  not  make  their  position  any  different  from  that  of  other
persons in the same Member State.

Non-Belgian Community officials residing in Belgium are accordingly subject to Belgian divorce laws and the
rules of private international law.

(98/C 304/197)

WRITTEN QUESTION E-0562/98

by Olivier Dupuis (ARE) to the Commission

(4 March 1998)

Subject: Conflict between agriculture and wildlife in Cameroon

The  conversion  of  natural  ecosystems  into  agricultural  land  is  undoubtedly  the  primary  ecological  problem
facing Africa today and it is also the greatest threat to the biodiversity of the continent. Increasing numbers of
experts consider that more effective use of natural resources, in particular wildlife, is the only solution to this
serious human and ecological problem.