CELEX: C2000/079/22
Language: en
Date: 2000-03-18 00:00:00
Title: Case C-505/99: Action brought on 22 December 1999 by the Commission of the European Communities against the Kingdom of Belgium

C 79/12                EN                     Official Journal of the European Communities                                        18.3.2000
Action brought on 22 December 1999 by the Commission                     In the Commission’s view, the Belgian authorities have failed
of the European Communities against the Kingdom of                       to apply Directive 91/670/EEC in such a way as to achieve
                               Belgium                                   the results provided for therein, and have not chosen the
                                                                         appropriate means and formal arrangements to facilitate,
                                                                         rather than complicate, the free movement of workers which
                         (Case C-504/99)                                 it seeks to secure.
                                                                         (1) Council Directive 91/670/EEC of 16 December 1991 on mutual
                          (2000/C 79/21)                                     acceptance of personnel licences for the exercise of functions in
                                                                             civil aviation (OJ L 373 of 31.12.1991, p. 21).
An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
22 December 1999 by the Commission of the European
Communities, represented by Frank Benyon, Legal Adviser,
and Bernard Mongin, of its Legal Service, acting as Agents,
with an address for service in Luxembourg at the office of
Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.
                                                                         Action brought on 22 December 1999 by the Commission
                                                                         of the European Communities against the Kingdom of
                                                                                                        Belgium
The Commission of the European Communities claims that
the Court should:
                                                                                                    (Case C-505/99)
(1) declare that, by requiring a pilot from another Member
                                                                                                     (2000/C 79/22)
     State who holds a licence accepted as equivalent to a
     Belgian licence to return to the Member State in which
     his licence was issued in order to obtain additional                An action against the Kingdom of Belgium was brought before
     qualifications which that State is not technically in a             the Court of Justice on 22 December 1999 by the Commission
     position to provide, or to renew his licence, the Kingdom           of the European Communities, represented by Christopher
     of Belgium has misapplied the applicable Community                  Van der Hauwaert, of its Legal Service, acting as Agent, with
     provisions, in particular those of Directive 91/670/EEC (1)         an address for service in Luxembourg at the office of Carlos
     and Articles 10, 39, 43 and 49 of the EC Treaty;                    Gómez de la Cruz, of its Legal Service, Wagner Centre,
                                                                         Kirchberg.
(2) order the Kingdom of Belgium to pay the costs.
                                                                         The Commission of the European Communities claims that
                                                                         the Court should:
                                                                         — declare that, by failing to adopt within the prescribed
Pleas in law and main arguments                                               time-limit the laws, regulations and administrative pro-
                                                                              visions necessary to comply with Council Directive
                                                                              97/61/EC of 20 October 1997 amending the Annex to
The requirement whereby any person applying for renewal of                    Directive 91/492/EEC laying down the health conditions
his licence or for admission to the tests to be passed in order               for the production and placing on the market of live
to exercise higher functions or to obtain a new qualification                 bivalve molluscs (1), the Kingdom of Belgium has failed to
must hold a Belgian licence necessarily places nationals of                   comply with its obligations under the Treaty;
other Member States at a disadvantage and therefore consti-
tutes covert discrimination as prohibited by Article 43 of the           — order the Kingdom of Belgium to pay the costs.
Treaty. In any event, in the context of a fundamental freedom
recognised by the Treaty, the fact that the Belgian requirement
‘inhibits’ the exercise of the right of establishment, or simply         Pleas in law and main arguments
makes it ‘less attractive’, is enough to render that requirement
incompatible with Article 43 EC. The fact that that requirement
likewise applies to Belgian nationals in the same position does          The pleas in law and main arguments are analogous to those
not in any way alter that conclusion.                                    in Case C-495/99 (2); the period prescribed by Article 2 of
                                                                         Directive 97/61/EC expired on 1 July 1998.
The same considerations apply as regards Article 39 EC; the              (1) OJ L 295 of 29.10.1997, p. 35.
conditions to be complied with in order to extend the duration           (2) OJ C 63 of 4.3.2000, p. 16.
of, or the scope of the rights conferred by, a professional licence
are conditions of work within the meaning of Article 39(2) and
(3).