REQUESTED AN EXTENSION OF THE TIME ALLOWED FOR ITS REPLY . THE COMMISSION DID NOT REPLY TO THAT TELEX MESSAGE . ON 20 AUGUST 1985 THE COMPETENT BELGIAN AUTHORITIES SENT MINISTERIAL CIRCULARS TO THE UNIVERSITIES INSTRUCTING THEM TO APPLY THE RULES IN QUESTION . ON 23 AUGUST 1985 THE COMMISSION DELIVERED A REASONED OPINION IN WHICH IT STATED THAT THE RULES IN QUESTION WERE INCOMPATIBLE WITH ARTICLES 5 AND 7 OF THE EEC TREATY . PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 169 OF THE EEC TREATY, THE COMMISSION REQUESTED THE KINGDOM OF BELGIUM TO TAKE THE MEASURES NEEDED TO COMPLY WITH THE REASONED OPINION WITHIN 15 DAYS .
8 NO ACTION WAS TAKEN IN RESPONSE TO THE REASONED OPINION AND ON 2 OCTOBER 1985 THE COMMISSION BROUGHT THIS ACTION BEFORE THE COURT .
9 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE RELEVANT LEGAL PROVISIONS, THE FACTS OF THE CASE, THE ARGUMENTS OF THE PARTIES AND THE COMMISSION' S RESPONSE TO THE COURT' S INQUIRY AS TO THE PRECISE REASONS WHY THE COMMISSION DID NOT EXTEND THE ABOVEMENTIONED PERIODS ALLOWED TO THE KINGDOM OF BELGIUM . THOSE MATTERS ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
ADMISSIBILITY OF THE APPLICATION
10 THE KINGDOM OF BELGIUM HAS RAISED AN OBJECTION OF INADMISSIBILITY AGAINST THE COMMISSION' S APPLICATION COMPLAINING THAT IN THE PRE-LITIGATION PROCEDURE PRECEDING THE APPLICATION TO THE COURT THE COMMISSION DID NOT COMPLY WITH THE BASIC PROCEDURAL SAFEGUARDS LAID DOWN IN ARTICLE 169 OF THE EEC TREATY . IT CONSIDERS THAT THE PERIOD OF EIGHT CLEAR DAYS FOR REPLYING TO THE LETTER OF FORMAL NOTICE AND THE PERIOD OF 15 DAYS TO COMPLY WITH THE REASONED OPINION WERE TOO SHORT AND WERE NOT PERMISSIBLE IN VIEW OF THE COMPLEXITY OF THE MATTER AND THE SCOPE OF THE AMENDMENTS THAT HAD TO BE MADE TO THE RELEVANT RULES IN ORDER TO BRING THEM INTO LINE WITH COMMUNITY LAW .
11 THE COMMISSION AGREES THAT THE PERIODS ALLOWED WERE SHORT BUT IT POINTS OUT THAT THEY WERE NOT ABSOLUTE TIME-LIMITS AND THAT REPLIES SUPPLIED AFTER THE EXPIRY OF THOSE PERIODS WOULD HAVE BEEN TAKEN INTO ACCOUNT . SHORT PERIODS WERE FIXED BECAUSE OF THE IMPENDING START OF THE 1985 ACADEMIC YEAR AND BECAUSE THE KINGDOM OF BELGIUM HAD BEEN AWARE OF THE COMMISSION' S POSITION SINCE 25 JUNE 1985 AT THE LATEST . IMMEDIATELY BEFORE THE ADOPTION OF THE BELGIAN LAW IN QUESTION THE COMMISSION WAS CONCERNED BY THE CONDITIONS WHICH WERE GOING TO GOVERN THE ACCESS OF COMMUNITY STUDENTS TO BELGIAN VOCATIONAL TRAINING ESTABLISHMENTS AT THE START OF THE ACADEMIC YEAR AND WHICH WERE CONTRARY TO COMMUNITY LAW . FROM THE OUTSET, THE COMMISSION WANTED THE PRE-LITIGATION PROCEDURE TO BE CONDUCTED IN SUCH A WAY THAT THE MATTER COULD BE BROUGHT BEFORE THE COURT IN TIME FOR IT TO ORDER INTERIM MEASURES SAFEGUARDING THE RIGHTS OF STUDENTS BEFORE THE REGISTRATION PROCEDURES WERE