Case C-144/05: Action brought on 30 March 2005 by the Commission of the European Communities against the Kingdom of Belgium
Date: 2005-06-11
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, maritime safety

C 143/24

EN

Official Journal of the European Union

11.6.2005

1. a) Do Articles 28 to 30 EC preclude national provisions,
such as those in the Swedish jet-ski regulations, prohi-
biting the use of personal watercraft other than on a
general navigable waterway or waters in respect of
which the local authority has issued rules permitting
their use?

b) In the alternative, do Articles 28 to 30 EC prevent a
Member State from applying provisions of that kind in
such a way as to prohibit the use of personal watercraft
also on waters which have not yet been the subject of an
investigation by the local authority of whether or not
rules permitting their use in the area are to be issued?

2. Does Directive 2003/44/EC (1) of the European Parliament
and of the Council amending Directive 94/25/EC on the
approximation of the laws, regulations and administrative
provisions of the Member States relating to recreational
craft preclude such national provisions prohibiting the use
of personal watercraft as set out above?

(1) of 16 June 2003, OJ L 214, 26.8.2003, p. 18.

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

Pleas in law and main arguments

The period for implementing the directive in national
expired on 23 November 2003.

law

(1) OJ 2002 L 324, p. 53.

Action brought on 30 March 2005 by the Commission of
the Kingdom of
the European Communities against

Belgium

(Case C-144/05)

(2005/C 143/35)

(Language of the case: Dutch)

Action brought on 29 March 2005 by the Commission of
the Kingdom of
the European Communities against

Belgium

An action against the Kingdom of Belgium was brought before
the Court of
the European Communities on 30
March 2005 by the Commission of the European Communities,
represented by K. Simonsson and W. Wils, of its Legal Service.

Justice of

(Case C-143/05)

The Commission claims that the Court should:

(2005/C 143/34)

(Language of the case: Dutch)

An action against the Kingdom of Belgium was brought before
the Court of
the European Communities on 29
March 2005 by the Commission of the European Communities,
represented by K. Simonsson and W. Wils, of its Legal Service.

Justice of

The Commission claims that the Court should:

1. declare that by not taking all necessary legal and administra-
tive measures to comply with Directive 2002/84/EC (1)of
the European Parliament and of the Council of 5 November
2002 amending the Directives on maritime safety and the
prevention of pollution from ships, or by not notifying the
Commission of such measures, the Kingdom of Belgium has
failed to fulfil its obligations under that directive;

1. declare that by not taking all necessary legal and administra-
tive measures to comply with Directive 2002/59/EC (1)of
the European Parliament and of the Council of 27 June
2002 establishing a Community vessel traffic monitoring
and information system and repealing Council Directive
93/75/EEC, or by not notifying the Commission of such
measures, the Kingdom of Belgium has failed to fulfil its
obligations under that directive;

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

Pleas in law and main arguments

The period for implementing the directive in national
expired on 5 February 2004.

law

(1) OJ 2002 L 208, p. 10