Judgment of the Court (Third Chamber) of 1 July 2004 in Case C-65/03: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Articles 12 EC, 149 EC and 150 EC — Secondary education diploma awarded in another Member State — Access to higher education)
Date: 2004-08-28
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, recognition of diplomas, secondary education

28.8.2004

EN

Official Journal of the European Union

C 217/5

1. Declares that, by failing to adopt the laws, regulations or adminis-
trative provisions necessary to the full implementing of Articles 3,
5 and 17 — the last being read in conjunction with Articles 3
and 4 — of Directive 91/271/EEC of the Council of 21 May
1991 concerning urban waste-water treatment (OJ 1991 L 135,
p. 40), and of Commission Decision 93/481/EEC of 28 July
1993 concerning formats
the presentation of national
programmes as foreseen by Article 17 of Directive 91/271/EEC
(OJ 1993 L 226, p. 23), the Kingdom of Belgium has failed to
fulfil its obligations under Article 226 EC and under that directive
and that decision.

for

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

(1) OJ C 70 of 22 March 2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 1 July 2004

in Case C-65/03: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure of a Member State to fulfil obligations — Articles
12 EC, 149 EC and 150 EC — Secondary education diploma
awarded in another Member State — Access to higher
education)

(2004/C 217/08)

(Language of the case: French)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-65/03: Commission of the European Communities
(Agent: D. Martin) v Kingdom of Belgium (Agent: A. Snoecx)
— application for a declaration that, by failing to take the
measures necessary to ensure that holders of secondary educa-
tion diplomas awarded in other Member States can gain access
to higher education organised by Belgium's French Community
under the same conditions as holders of the certificat d'en-
seignement
the Kingdom of
Belgium has failed to fulfil its obligations under Articles 12 EC,
149 EC and 150 EC — the Court (Third Chamber), composed
of: A. Rosas, President of the Chamber, R. Schintgen and N.
Colneric (Rapporteur), Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, has given a judgment on 1 July 2004, in
which it:

secondaire supérieur

(CESS),

1. Declares that, by failing to take the measures necessary to ensure
that holders of secondary education diplomas obtained in other
Member States can gain access to higher education organised by
conditions as
Belgium's French Community under
holders of
supérieur
(CESS), the Kingdom of Belgium has failed to fulfil its obligations

the
certificat d'enseignement

same
secondaire

the

under Article 12 EC, read in conjunction with Articles 149 EC
and 150 EC;

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

(1) OJ C 83 of 5.4.2003.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 8 July 2004

in Case C-127/03: Commission of the European Commu-
nities v Trendsoft (Irl) Ltd (1)

(Arbitration clause — Repayment of sums advanced —
Interest for late payment — Judgment by default)

(2004/C 217/09)

(Language of the case: English)

In Case C-127/03: Commission of the European Communities
(Agents: L. Flynn and C. Giolito) v Trendsoft (Irl) Ltd, estab-
lished in Dublin (Ireland), — application by the Commission of
the European Communities under Article 238 EC for repay-
ment of the sum of EUR 21 303 paid by the Commission to
the defendant in connection with the performance of contract
No EP 23697 together with interest for late payment — the
Court (Fourth Chamber), composed of: J.N. Cunha Rodrigues,
the Chamber, F. Macken (Rapporteur) and K.
President of
Judges; M. Poiares Maduro, Advocate General; R.
Lenaerts,
Grass, Registrar, has given a judgment on 8 July 2004,
in
which it:

1. Orders Trendsoft (Irl) Ltd to pay the Commission of the European
Communities the sum of EUR 21 303 due as principal sum,
together with interest for late payment:

— at the rate of 6.09 % per annum from 31 August 2000 to

31 December 2002;

— at the rate of 8 % per annum from 1 January 2003 to the

date of the present judgment;

— at the annual rate applied under the law of Ireland, currently
section 26 of the Debtors (Ireland) Act, 1840, as amended,
in accordance with section 20 of the Courts Act, 1981, by
regulation 3 of the Courts Act, 1981 (Interest on Judgment
Debts) Order, 1989, up to a limit of a rate of 8.09 % per
annum, from the date of the present judgment;

2. Orders Trendsoft (Irl) Ltd to pay the costs.

(1) OJ C 112 of 10.5.2003.