CELEX: 61994CC0216
Language: en
Date: 1995-05-11 00:00:00
Title: Opinion of Mr Advocate General Lenz delivered on 11 May 1995. # Commission of the European Communities v Kingdom of Belgium. # Failure to fulfil Treaty obligations - Directive 89/48/EEC - Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration. # Case C-216/94.

OPINION OF ADVOCATE GENERAL LENZ
      delivered on 11 May 1995 (
            *1
         )
      A — Introduction
      
               1.
            
            
               These proceedings are brought by the Commission against the Kingdom of Belgium for failure to implement Directive 89/48/EEC on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration. (
                     1
                  )
            
         
               2.
            
            
               On the expiry of the period for implementation, the Commission had received no communication as to the implementing measures which had been taken, nor did it have any information to suggest that implementation had taken place. It therefore initiated the procedure for failure to fulfil Treaty obligations. By letter of formal notice of 28 June 1991, the Commission allowed Belgium two months within which to present its observations. The Belgian Government obtained a one-month extension of that period, and replied in a letter of 14 October 1991 that a series of provisions for implementing the directive was in preparation. In the absence of further information, the Commission issued a reasoned opinion on 6 November 1992 prescribing a period of two months for the necessary measures to be put into effect. The reasoned opinion remained unanswered, whereupon the Commission brought an action before the Court of Justice on 26 July 1994.
            
         
               3.
            
            
               The Commission claims that the Court should:
               
                        —
                     
                     
                        declare that, by not adopting within the prescribed periods the measures necessary to comply with Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, the Kingdom of Belgium has failed to fulfil its obligations under the EC Treaty;
                     
                  
                        —
                     
                     
                        in the alternative, declare that, by not communicating to the Commission the text of the provisions transposing Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration into national law, in accordance with Article 12 of that directive, the Kingdom of Belgium has failed to fulfil its obligations under the EC Treaty;
                     
                  
                        —
                     
                     
                        order the Kingdom of Belgium to pay the costs.
                     
                  
         B — Analysis
      
               4.
            
            
               Under Article 12(1) of the directive, Member States are obliged to take the measures necessary to comply with the directive within two years of its notification and forthwith inform the Commission thereof. The directive having been notified to Member States on 4 January 1989, (
                     2
                  ) the period for implementation expired on 4 January 1991.
            
         
               5.
            
            
               It is undisputed that neither at the expiry of the period for implementation on 4 January 1991 nor at the expiry on 6 January 1993 of the two-month period prescribed by the reasoned opinion had the directive been implemented.
            
         
               6.
            
            
               In its defence, the Belgian Government refers to a Law of 29 April 1994, (
                     3
                  ) which was enacted in order to implement the directive in question. That Law in its turn requires the enactment of implementing provisions within the Belgian legal system. The Government adds that such implementing provisions have been enacted in some sectors but not yet in others.
            
         
               7.
            
            
               It must be concluded, therefore, that even during the written procedure before the Court of Justice it could not be determined that full implementation of Directive 89/48 had taken place. The Court has consistently held that difficulties or delays in the legislative process within the legal system of the Member State concerned do not justify a delay in the implementation of Community legal acts.
            
         
               8.
            
            
               The action must therefore be allowed. Since the Commission has succeeded in its main claim, there is no need to consider the alternative claim.
            
         Costs
      
               9.
            
            
               In accordance with Article 69(2) of the Rules of Procedure, the unsuccessful party must be ordered to pay the costs.
            
         C — Conclusion
      
               10.
            
            
               I therefore propose that the Court should rule as follows:
               
                        (1)
                     
                     
                        By not adopting within the prescribed periods the measures necessary to comply with Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, the Kingdom of Belgium has failed to fulfil its obligations under the EC Treaty.
                     
                  
                        (2)
                     
                     
                        The Kingdom of Belgium is ordered to pay the costs.
                     
                  
         (
            *1
         )	Original language: German.
      (
            1
         )	Council Directive 89/48/EEC of 21 December 1988 (OJ 1989 L 19, p. 16).
      (
            2
         )	See footnote 2 to the directive.
      (
            3
         )	Published in the Momteur Belge of 20 July 1994.