CELEX: 61986CC0307
Language: en
Date: 1988-03-17
Title: Opinion of Mr Advocate General Mischo delivered on 17 March 1988. # Commission of the European Communities v Kingdom of Belgium. # Technical requirements for inland waterway vessels. # Case 307/86.

Important legal notice

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61986C0307

Opinion of Mr Advocate General Mischo delivered on 17 March 1988.  -  Commission of the European Communities v Kingdom of Belgium.  -  Technical requirements for inland waterway vessels.  -  Case 307/86.  

European Court reports 1988 Page 02677

Opinion of the Advocate-General

++++Mr President,  Members of the Court,  1 . The Belgian Government does not deny that it has in fact failed to fulfil its obligations under the Treaty, as the Commission has claimed in these proceedings . It expressly concedes the necessity of adopting domestic measures to ensure the conformity of Belgian law and Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels ( Official Journal 1982, L 301, p . 1 ).  2 . The defendant government explains the delay in implementing the directive, which, according to Article 22 thereof, ought to have been done by 1 January 1985 at the latest, by the fact that it has encountered a problem in determining responsibilities as between two ministerial departments regarding the issue of Community certificates attesting conformity, introduced by the directive, and by the need to bring about coordination at national level with a view to adapting several sets of national rules .  3 . However, "as the Court has consistently held, a Member State cannot plead provisions, practices or circumstances existing in its national legal system to justify a failure to comply with obligations and time-limits laid down in directives ". ( 1 ) Similarly, "a Member State cannot plead domestic administrative difficulties to justify the failure to comply with obligations and time-limits laid down by Community law ". ( 1 )  4 . I have therefore no choice but to propose that the Court allow the Commission' s application and declare that, by failing to adopt within the period prescribed the laws, regulations and administrative provisions necessary to comply with Council Directive 82/714/EEC of 4 October 1982 laying own technical requirements for inland waterway vessels, the Kingdom of Belgium has failed to fulfil its duties under the Treaty . It follows that the defendant Member State must be ordered to pay the costs .  (*) Translated from the French .  ( 1 ) See, inter alia, the judgments of 24 November 1987 in Cases 124 and 125/86 Commission v Italy (( 1987 )) ECR 4661 and 4669, paragraph 6 in both judgments .  ( 1 ) See, inter alia, judgment of 17 June 1987 in Case 394/85 Commission v Italy (( 1987 )) ECR 2741, paragraph 12 .