CELEX: 62006CJ0227
Language: en
Date: 2008-03-13 00:00:00
Title: Judgment of the Court (Third Chamber) of 13 March 2008. # Commission of the European Communities v Kingdom of Belgium. # Failure of a Member State to fulfil obligations - Articles 28 EC and 30 EC - Measures having equivalent effect - Construction products - Directive 89/106/EEC - Absence of harmonised standards - National marks of conformity - Presumption of conformity. # Case C-227/06.

Judgment of the Court (Third Chamber) of 13 March 2008 – 
      Commission v Belgium
      (Case C‑227/06)
      Failure of a Member State to fulfil obligations – Articles 28 EC and 30 EC – Measures having equivalent effect – Construction products – Directive 89/106/EEC – Absence of harmonised standards – National marks of conformity – Presumption of conformity
      Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Arts 28 EC and 30 EC) (see paras 52-69, operative part)
      Re: 
      
         Failure of a Member State to fulfil obligations – Infringement of Articles 28 EC and 30 EC – National law imposing a 
               de facto
                obligation for economic operators wishing to market in Belgium construction products lawfully produced and/or marketed in
                  another Member State to obtain Belgian marks of conformity in order to market those products in Belgium.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by encouraging economic operators wishing to market in Belgium construction products lawfully manufactured
                     and/or marketed in another Member State to obtain Belgian marks of conformity, the Kingdom of Belgium has failed to fulfil
                     its obligations under Articles 28 EC and 30 EC;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Belgium to pay the costs.