OR OTHER COMMUNITY SERVANT HAS PAID EMPLOYMENT WITHIN BELGIAN TERRITORY OR WHERE THE OFFICIAL HIMSELF HAS PART-TIME PAID EMPLOYMENT OUTSIDE THE COMMUNITY INSTITUTIONS WHICH ENTAILS HIS AFFILIATION TO THE NATIONAL FAMILY ALLOWANCE SCHEME, THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 67*(2 ) AND THE SECOND PARAGRAPH OF ARTICLE 68 OF THE STAFF REGULATIONS AND ARTICLE 20 OF THE CONDITIONS OF EMPLOYMENT .
SECOND COMPLAINT : INFRINGEMENT OF ARTICLE 5 OF THE EEC TREATY AND ARTICLES 15 AND 19 OF THE PROTOCOL
36 IN ITS SECOND COMPLAINT, THE COMMISSION ALLEGES THAT THE BELGIAN GOVERNMENT ADOPTED THE ROYAL DECREES OF 15 JULY AND 19 NOVEMBER 1982 WITHOUT CONSULTING IT .
37 ACCORDING TO THE COMMISSION, THE OBLIGATION TO CONSULT IT IS IMPOSED ON THE BELGIAN GOVERNMENT BY ARTICLE 19 OF THE PROTOCOL, WHICH PROVIDES THAT "THE INSTITUTIONS OF THE COMMUNITIES SHALL, FOR THE PURPOSES OF APPLYING THIS PROTOCOL, COOPERATE WITH THE RESPONSIBLE AUTHORITIES OF THE MEMBER STATES CONCERNED ". THE COMMISSION ALSO REFERS TO ARTICLE 15 OF THE PROTOCOL, WHICH PROVIDES THAT "THE COUNCIL SHALL, ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION, LAY DOWN THE SCHEME OF SOCIAL SECURITY BENEFITS FOR OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES", AND TO ARTICLE 5 OF THE EEC TREATY .
38 ACCORDING TO THE BELGIAN GOVERNMENT, NONE OF THE PROVISIONS RELIED UPON BY THE COMMISSION IMPOSES AN OBLIGATION ON THE MEMBER STATES TO REGULATE SITUATIONS IN WHICH FAMILY ALLOWANCES PAYABLE UNDER THE VARIOUS NATIONAL SYSTEMS OVERLAP WITH ALLOWANCES OF THE SAME KIND PAYABLE UNDER THE STAFF REGULATIONS .
39 WITHOUT THERE BEING ANY NEED TO CONSIDER WHETHER ARTICLES 15 AND 19 OF THE PROTOCOL IMPOSE ANY OBLIGATIONS ON THE MEMBER STATES WITH REGARD TO THE SUBJECT-MATTER OF THIS CASE, IT IS SUFFICIENT TO STATE THAT A MEMBER STATE MAY NOT ADOPT, AS BELGIUM HAS DONE IN THIS CASE, ANY PROVISIONS AFFECTING THE APPLICATION OF THE STAFF REGULATIONS AND AMENDING AN EARLIER PRACTICE CONSISTENTLY FOLLOWED BY IT, WITHOUT CONSULTING THE COMMUNITY INSTITUTIONS CONCERNED . THE BELGIAN GOVERNMENT HAS THEREFORE DISREGARDED THE DUTY OF COOPERATION WHICH MUST GOVERN RELATIONS BETWEEN THE COMMUNITY AND THE MEMBER STATES AND HAS INFRINGED ARTICLE 5 OF THE EEC TREATY .
40 ACCORDINGLY, IT MUST BE HELD THAT, BY FAILING TO CONSULT THE COMMISSION ON CERTAIN PROVISIONS WHICH IT INTENDED TO ADOPT AND WHICH CONCERNED THE OVERLAPPING OF FAMILY ALLOWANCES PROVIDED FOR BY BELGIAN LEGISLATION WITH THE ALLOWANCES OF LIKE NATURE PROVIDED FOR BY THE STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES, THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 5 OF THE EEC TREATY .
Decision on costs
COSTS
41 UNDER ARTICLE 69*(2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . HOWEVER, UNDER THE FIRST SUBPARAGRAPH OF ARTICLE 69*(3 ), WHERE EACH PARTY SUCCEEDS ON SOME AND FAILS ON OTHER HEADS, THE COURT MAY ORDER THAT THE PARTIES