Judgment of the Court of 2 February 1988. - Commission of the European Communities v Kingdom of Belgium. - Non-discrimination - Access to higher education and university education - Repayment of sums unduly paid. - Case 293/85.
European Court reports 1988 Page 00305
Summary
Parties
Grounds
Decision on costs
Operative part
Keywords
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ACTION FOR DECLARATION OF FAILURE TO FULFIL OBLIGATIONS - PRE-LITIGATION PROCEDURE - PURPOSE - PERIODS ALLOWED TO THE MEMBER STATE - REQUIREMENT THAT PERIODS BE REASONABLE - CRITERIA
( EEC TREATY, ART . 169 )
Summary
IN THE CONTEXT OF AN ACTION FOR A DECLARATION THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS, 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 .
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 .
WHERE THE TIME-LIMITS SET ARE UNREASONABLE, THE COMMISSION CANNOT PREVENT ITS APPLICATION FROM BEING DECLARED INADMISSIBLE BY ASSERTING THAT THE TIME-LIMITS LAID DOWN WERE NOT ABSOLUTE AND THAT CONSEQUENTLY REPLIES GIVEN AFTER THEIR EXPIRY WOULD HAVE BEEN ACCEPTED . A MEMBER STATE TO WHICH A MEASURE SUBJECT TO A TIME-LIMIT IS ADDRESSED CANNOT KNOW IN ADVANCE WHETHER, AND TO WHAT EXTENT, THE COMMISSION WILL IF NECESSARY GRANT IT AN EXTENSION OF THAT TIME-LIMIT .
Parties
IN CASE 293/85
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, J . GRIESMAR, ACTING AS AGENT, ASSISTED BY G . BEAUTHIER, OF THE BRUSSELS BAR, AND BY L . MISSON, OF THE LIEGE BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF G . KREMLIS, A MEMBER OF ITS LEGAL DEPARTMENT, JEAN MONNET BUILDING, KIRCHBERG,
APPLICANT,
V
KINGDOM OF BELGIUM, REPRESENTED BY R . HOEBAER, DIRECTOR AT THE MINISTRY OF FOREIGN AFFAIRS, FOREIGN TRADE AND COOPERATION WITH DEVELOPING COUNTRIES, ACTING AS AGENT, ASSISTED BY M . WAELBROECK AND P . DELTENRE, OF THE BRUSSELS BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE BELGIAN EMBASSY, RESIDENCE CHAMPAGNE, 4 RUE DES GIRONDINS,
DEFENDANT,
APPLICATION FOR A DECLARATION THAT, BY ADOPTING VARIOUS PROVISIONS OF THE LAW OF 21 JUNE 1985 ON EDUCATION ( MONITEUR BELGE OF 6 JULY 1985 ), THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLES 5 AND 7 OF THE EEC TREATY,
THE COURT
COMPOSED OF