CELEX: 62003CJ0312
Language: en
Date: 2004-02-19 00:00:00
Title: Judgment of the Court (Third Chamber) of 19 February 2004. # Commission of the European Communities v Kingdom of Belgium. # Failure of a Member State to fulfil obligations - Failure to implement Directive 1999/44/EC. # Case C-312/03.

Case C-312/03 Commission of the European CommunitiesvKingdom of Belgium
            «(Failure of a Member State to fulfil obligations – Failure to implement Directive 1999/44/EC)»
            
               
                  Judgment of the Court (Third Chamber), 19 February 2004  
                     
                
               
            
                   
               
               
            
            Summary of the Judgment
         
         
                  
                  Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down by the reasoned opinion(Art. 226 EC)
      

      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
            
            JUDGMENT OF THE COURT (Third Chamber)19 February 2004  (1)
         
         
            
         
               ((Failure of a Member State to fulfil obligations – Failure to implement Directive 1999/44/EC))
               
             In Case C-312/03, 
            
            
            Commission of the European Communities, represented by D. Martin, acting as Agent,
            
            
            applicant, 
            
            v
            Kingdom of Belgium, represented by E. Dominkovits, acting as Agent,
            
            defendant, 
            
             APPLICATION for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply
            with Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer
            goods and associated guarantees (OJ 1999 L 171, p. 12), the Kingdom of Belgium has failed to fulfil its obligations under
            that directive,
            
            
            THE COURT (Third Chamber),,
            
             composed of: A. Rosas (Rapporteur), President of the Chamber, R. Schintgen and N. Colneric, Judges, 
            
             Advocate General: F.G. Jacobs, Registrar: R. Grass, 
            
            
            having regard to the report of the Judge-Rapporteur,
            
            having decided, after hering the Advocate General, to proceed to judgment without an Opinion, 
         gives the following
         
         
         Judgment
         1
            
          By application lodged at the Court Registry on 23 July 2003 the Commission of the European Communities brought an action under
         Article 226 EC for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to
         comply with Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale
         of consumer goods and associated guarantees (OJ 1999 L 171, p. 12), the Kingdom of Belgium has failed to fulfil its obligations
         under that directive.  
         
         
         2
            
          Directive 1999/44 provides in Article 11(1) that Member States are to bring into force the laws, regulations and administrative
         provisions necessary to comply with the directive not later than 1 January 2002 and that they are forthwith to inform the
         Commission thereof.  
         
         
         3
            
          Since the Commission was not informed of the measures adopted to implement Directive 1999/44 in Belgian law within the period
         prescribed in that directive, it initiated the procedure for failure to fulfil obligations as provided for in Article 226
         EC. After having given notice to the Kingdom of Belgium to submit its observations, the Commission issued a reasoned opinion
         on 19 December 2002 requesting that Member State to take the measures necessary to comply therewith within two months of receipt
         of the opinion. As the Kingdom of Belgium did not respond to the opinion, the Commission brought the present action.  
         
         
         4
            
          The Commission submits that, by failing to adopt the measures necessary to comply with Directive 1999/44, the Kingdom of Belgium
         has failed to fulfil its obligations under the relevant provisions thereof.  
         
         
         5
            
          The Kingdom of Belgium does not deny its failure to implement the directive. However, it indicates that a draft law was approved
         by the Council of Ministers on 7 February 2003 and lodged at the Chamber of Representatives on 19 February 2003. That draft
         could not, however, be voted upon before the dissolution of the Chambers and as a result must be submitted afresh for consideration
         by the Council of Ministers before it can be returned to the Parliament.  
         
         
         6
            
          The Kingdom of Belgium does not deny that, on expiry of the period prescribed in the reasoned opinion, the measures needed
         to implement Directive 1999/44 had not yet been adopted, and merely sets out the stage reached in the procedure for its implementation.
         
         
         
         7
            
          However, it is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined
         by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and
         that the Court cannot take account of any subsequent changes (see, inter alia, Case  
         C-63/0 2  
         Commission v  
         United Kingdom [2003] ECR I-821, paragraph 11). 
         
         
         8
            
          In the present case, it is not in dispute that no measure intended to implement Directive 1999/44 in Belgian law had been
         adopted on expiry of the period prescribed in the reasoned opinion.  
         
         
         9
            
          Accordingly, the Commission's action must be considered well founded. 
         
         
         10
            
          Consequently, it should be held that, by failing to adopt, within the period prescribed in the reasoned opinion, the laws,
         regulations and administrative provisions necessary to comply with Directive 1999/44, the Kingdom of Belgium has failed to
         fulfil its obligations under that directive. 
         
         Costs
         11
            
          Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been
         applied for in the successful party's pleadings. Since the Commission asked for the Kingdom of Belgium to be ordered to pay
         the costs and the latter has been unsuccessful, it must be ordered to pay the costs. 
         
         On those grounds, 
         
         
         
            
            THE COURT (Third Chamber),
         
         
          hereby:  
         
            
            1.
             Declares that, by failing to adopt, within the period prescribed in the reasoned opinion, the laws, regulations and administrative
            provisions necessary to comply with Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain
            aspects of the sale of consumer goods and associated guarantees, the Kingdom of Belgium has failed to fulfil its obligations
            under that directive; 
            
            
            2.
             Orders the Kingdom of Belgium to pay the costs. 
            
            
                  Rosas
               
               
                  Schintgen
               
               
                  Colneric
               
            
                  
               
               
                  
               
               
                  
               
            
                  
               
               
                  
               
               
                  
               
            
                  
               
               
                  
               
               
                  
               
            
                  
               
               
                  
               
               
                  
               
            
            
            
            
            
            
            
            
         
         
          Delivered in open court in Luxembourg on 19 February 2004. 
         
         
         
         
                  R. Grass 
               
               
                  A. Rosas  
               
            
         
         
         
                  Registrar
               
               
                  President of the Third Chamber
               
            
      
      
          1 –
            
             Language of the case: French.