CLOSED .
12 IN THE ALTERNATIVE, THE COMMISSION POINTS OUT THAT THE KINGDOM OF BELGIUM IN FACT HAD MORE THAN A MONTH TO REPLY TO THE LETTER OF FORMAL NOTICE BEFORE THE REASONED OPINION WAS SENT . FURTHERMORE, OVER ONE MONTH ELAPSED BEFORE THE APPLICATION AND REQUEST FOR INTERIM MEASURES WERE LODGED WITH THE COURT .
13 IT SHOULD BE POINTED OUT FIRST THAT THE PURPOSE OF THE PRE-LITIGATION PROCEDURE IS TO GIVE THE MEMBER STATE CONCERNED AN OPPORTUNITY, ON THE ONE HAND, TO COMPLY WITH ITS OBLIGATIONS UNDER COMMUNITY LAW AND, ON THE OTHER, TO AVAIL ITSELF OF ITS RIGHT TO DEFEND ITSELF AGAINST THE COMPLAINTS MADE BY THE COMMISSION .
14 IN VIEW OF THAT DUAL PURPOSE THE COMMISSION MUST ALLOW MEMBER STATES A REASONABLE PERIOD TO REPLY TO THE LETTER OF FORMAL NOTICE AND TO COMPLY WITH A REASONED OPINION, OR, WHERE APPROPRIATE, TO PREPARE THEIR DEFENCE . IN ORDER TO DETERMINE WHETHER THE PERIOD ALLOWED IS REASONABLE, ACCOUNT MUST BE TAKEN OF ALL THE CIRCUMSTANCES OF THE CASE . THUS, VERY SHORT PERIODS MAY BE JUSTIFIED IN PARTICULAR CIRCUMSTANCES, ESPECIALLY WHERE THERE IS AN URGENT NEED TO REMEDY A BREACH OR WHERE THE MEMBER STATE CONCERNED IS FULLY AWARE OF THE COMMISSION' S VIEWS LONG BEFORE THE PROCEDURE STARTS .
15 IT IS THEREFORE NECESSARY TO EXAMINE WHETHER THE SHORTNESS OF THE PERIODS SET BY THE COMMISSION WAS JUSTIFIED IN VIEW OF THE PARTICULAR CIRCUMSTANCES OF THIS CASE . FOR THAT PURPOSE THE FIRST THREE COMPLAINTS REGARDING NON-DISCRIMINATORY ACCESS TO HIGHER EDUCATION MUST BE CONSIDERED SEPARATELY FROM THE FOURTH COMPLAINT RELATING TO THE RESTRICTION ON THE POSSIBILITY OF OBTAINING REIMBURSEMENT OF MINERVALS CHARGED IN BREACH OF COMMUNITY LAW SOLELY TO THOSE PERSONS WHO HAD BROUGHT JUDICIAL PROCEEDINGS BEFORE 13 FEBRUARY 1985 .
16 AS FAR AS THE FIRST THREE COMPLAINTS ARE CONCERNED, THE IMMINENT START OF THE 1985 ACADEMIC YEAR MAY INDEED BE REGARDED AS A SPECIAL CIRCUMSTANCE JUSTIFYING A SHORT TIME-LIMIT . HOWEVER, THE COMMISSION COULD HAVE TAKEN ACTION LONG BEFORE THE START OF THE ACADEMIC YEAR BECAUSE THE MAJOR PART OF THE BELGIAN PROVISIONS WERE ALREADY PART OF ITS LEGISLATION BEFORE THE LAW OF 21 JUNE 1985 . THEY WERE THEREFORE KNOWN TO THE COMMISSION AT THE LATEST WHEN THE JUDGMENT OF 13 FEBRUARY 1985 WAS DELIVERED, WHICH WAS SIX MONTHS BEFORE THE START OF THE 1985 ACADEMIC YEAR . FURTHERMORE, IT SHOULD BE NOTED THAT AT THE TIME THE COMMISSION HAD NOT MADE ANY CRITICISM OF THE MINERVAL AND HAD EVEN GIVEN THE IMPRESSION, PRIOR TO THE ENTRY INTO FORCE OF THE LAW IN QUESTION, THAT IT ACCEPTED THAT THE MINERVAL WAS COMPATIBLE WITH COMMUNITY LAW . IN THOSE CIRCUMSTANCES THE COMMISSION CANNOT RELY ON URGENCY WHICH IT ITSELF CREATED BY FAILING TO TAKE ACTION EARLIER .
17 AS FOR THE COMMISSION' S ALTERNATIVE ARGUMENT THAT THE TIME-LIMITS LAID DOWN WERE NOT ABSOLUTE AND THAT CONSEQUENTLY REPLIES GIVEN AFTER THEIR EXPIRY WOULD HAVE BEEN ACCEPTED, IT SHOULD BE REMARKED THAT THAT FACTOR IS