Case C-93/07: Action brought on 20 February 2007 — Commission of the European Communities v Kingdom of Belgium
Date: 2007-04-28
Institutions: Court of Justice
Subjects: Belgium, European Commission, access to the courts, action for failure to fulfil an obligation, development plan, environmental protection, national implementing measure, transparency in decision-making

C 95/24

EN

Official Journal of the European Union

28.4.2007

Pleas in law and main arguments

Defendant: Kingdom of Belgium

The Commission finds that the rates of administrative fees for
residence permits which the Netherlands have imposed since
1994 on Turkish nationals are at variance with the standstill
and non-discrimination provisions of the Association Agree-
ment, the Additional Protocol and Decision No 1/80.

Under the standstill provisions of the Additional Protocol and
Decision No 1/80, a Member State is not entitled to introduce
any new measure having the purpose or effect of making the
rights which Turkish nationals derive from the Association
Agreement, the Additional Protocol and Decision No 1/80, and
the right of residence closely connected thereto, subject to more
stringent conditions. In the Commission's view, the Netherlands
administrative fees in question infringe those standstill provi-
sions inasmuch as they were introduced after the standstill
provisions had entered into force for the Netherlands and inas-
much as they hinder or make less attractive the exercise of the
rights which Turkish nationals derive from the Association
Agreement, the Additional Protocol and Decision No 1/80.

The Commission submits further that, in so far as the Nether-
lands make Turkish nationals subject to the payment of adminis-
trative fees for residence permits, such fees may not, pursuant to
the provisions on non-discrimination contained in the Associa-
tion Agreement and Decision No 1/80, be higher than those
imposed, in respect of equivalent documents, on EU nationals
and nationals of Norway, Iceland, Liechtenstein and Switzerland.

(1) Agreement establishing an Association between the European
Economic Community and Turkey, approved and confirmed by
Council Decision 64/732/EEC of 23 December 1963 (OJ 1973
C 113).

(2) Additional Protocol, approved by Council Regulation (EEC) No

2760/72 of 19 December 1972 (OJ 1973 C 113).

(3) Decision No 1/80 of 19 September 1980 on the development of the

Association.

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2003/35/EC of the European Parliament and of the Council
of 26 May 2003 providing for public participation in
respect of the drawing up of certain plans and programmes
relating to the environment and amending with regard to
public participation and access to justice Council Directives
85/337/EEC and 96/61/EC (1), or in any event by failing to
communicate them to the Commission, the Kingdom of
Belgium has failed to fulfil its obligations under that direc-
tive;

— order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The period for transposition of Directive 2003/35/EC expired
on 25 June 2005.

(1) OJ 2003 L 156, p. 17.

Reference for a preliminary ruling from the Tribunal
Superior de Justicia de Galicia lodged on 20 February 2007
— Rosa Méndez López v Instituto Nacional de Empleo
(INEM); Instituto Nacional de la Seguridad Social (INSS)

(Case C-97/07)

(2007/C 95/44)

Action brought on 20 February 2007 — Commission of
the European Communities v Kingdom of Belgium

Language of the case: Spanish

(Case C-93/07)

(2007/C 95/43)

Language of the case: French

Parties

Referring court

Tribunal Superior de Justicia de Galicia

Parties to the main proceedings

Applicant: Rosa Méndez López

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and J.-B. Laignelot, Agents)

Defendants:
Nacional de la Seguridad Social (INSS)

Instituto Nacional de Empleo (INEM);

Instituto