CELEX: C1997/108/11
Language: en
Date: 1997-04-05 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 20 February 1997 in Case C-344/95: Commission of the European Communities v. Kingdom of Belgium (Failure of a Member State to fulfil its obligations - Article 48 of the EC Treaty - Directive 68/360/EEC)

5 . 4 . 97               EN 1                Official Journal of the European Communities                                  No C 108/7
                 JUDGMENT OF THE COURT                                           residence and by requiring payment for that
                                                                                 document,
                          ( Sixth Chamber)
                        of 20 February 1997                                  — the Kingdom of Belgium has failed to fulfil its
                                                                                 obligations under Article 48 of the EC Treaty
in      Case    C-344/95 : Commission of the European                            and under Council Directive 68/360/EEC of
             Communities v. Kingdom of Belgium ( ] )                             15 October 1968 on the abolition of restrictions
(Failure of a Member State to fulfil its obligations —                           on movement and residence within the Community
     Article 48 of the EC Treaty — Directive 68/360/EEC)                         for workers of Member States and their families.
                            { 97IC 108/11 )
                                                                        2 . orders the Kingdom of Belgium to pay the costs.
                  (Language of the case: French)                        (') OJ No C 333 , 9 . 12 . 1995 .
   (Provisional translation; the definitive translation will be
            published in the European Court Reports)
                                                                                       JUDGMENT OF THE COURT
In Case C-344/95 : Commission of the European
                                                                                                  ( Sixth Chamber)
Communities ( Agent: Pieter van Nuffel ) v. Kingdom of
Belgium ( Agent: Jan Devadder ) — application for a                                           of 20 February 1997
declaration that by: ( i ) requiring nationals of other
                                                                        in   Case    C-135/96: Commission of the European
Member States who are seeking employment in Belgium to
                                                                                   Communities v. Kingdom of Belgium ( ')
leave its territory after a period of three months; ( ii )
issuing, during the first six months of their residence, to             (Failure by a Member State to fulfil obligations —
persons holding employment for a period of at least one                       Directive 91/659/EEC — Failure to implement)
year two successive registration certificates instead of a
                                                                                                    { 97/C 108/12 )
residence permit for a national of a Member State and
requiring payment for those certificates; and (iii ) issuing to
employed persons and to seasonal workers whose activity                                 (Language of the case: French)
is expected to last for more than three months a document
relating to their residence and by requiring payment for
that document, the Kingdom of Belgium has failed to fulfil                (Provisional translation; the definitive translation will be
its obligations under Article 48 of the EC Treaty and                             published in the European Court Reports)
under Council Directive 68/360/EEC of 15 October 1968
on the abolition of restrictions on movement and                        In Case C-135/96: Commission of the European
residence within the Community for workers of Member                    Communities (Agents: Hendrik van Lier and Jean-Francis
States and their families ( OJ, English Special Edition 1968            Pasquier) v. Kingdom of Belgium (Agent: Jan Devadder)
( II ), p. 485 ) — the Court ( Sixth Chamber), composed of:             — application for a declaration that, by failing to adopt
G. F. Mancini, President of the Chamber ( Rapporteur),                  within the prescribed period the laws, regulations and
C. N. Kakouris, G. Hirsch, H. Ragnemalm and R.                          administrative measures necessary in order to comply with
Schintgen, Judges; C. O. Lenz, Advocate-General; R.                     Commission Directive 91 /659/EEC of 3 December 1991
Grass, Registrar, has given a judgment on 20 February                   adapting to technical progress Annex I to Council
1997, in which it:                                                      Directive 76/769/EEC on the approximation of the laws,
                                                                        regulations and administrative provisions of the Member
                                                                        States relating to restrictions on the marketing and use of
1.     declares that:                                                   certain dangerous substances and preparations ( asbestos)
                                                                        ( OJ No L 363 , 31 . 12 . 1991 , p. 36 ), the Kingdom of
       — by requiring nationals of other Member States who              Belgium has failed to fulfil its obligations under the EC
           are seeking employment in Belgium to leave its               Treaty — the Court ( Sixth Chamber ), composed of: G. F.
           territory after a period of three months,                    Mancini, President of the Chamber, J. L. Murray, P. J. G.
                                                                        Kapteyn, G. Hirsch ( Rapporteur ) and H. Ragnemalm,
                                                                        Judges; F. G. Jacobs, Advocate-General; R. Grass,
       — by issuing, during the first six months of their               Registrar, has given a judgment on 20 February 1997, in
           residence, to persons holding employment for a               which it:
           period of at least one year two successive
           registration certificates instead of a residence
           permit for a national of a Member State and by
                                                                         1 . declares that, by failing to adopt within the prescribed
                                                                             period the laws, regulations and administrative
           requiring payment for those certificates,
                                                                             measures necessary in order to comply with
                                                                             Commission Directive 91 /659/EEC of 3 December
       — by issuing to employed persons and to seasonal                      1991 adapting to technical progress Annex I to
           workers whose activity is expected to last for more               Council Directive 76/769/EEC on the approximation
           than three months a document relating to their                    of the laws, regulations and administrative provisions