Commission of the European Communities v Kingdom of Belgium.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Pescatore
• ECLI: ECLI:EU:C:1980:120
• Docket Number: 102/79
• Date: 06 May 1980
• Procedure Type: Recurso por incumplimiento – fundado

Avis juridique important

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61979J0102

Judgment of the Court of 6 May 1980. - Commission of the European Communities v Kingdom of Belgium. - Non-implementation of directives on theharmonization of laws relating to motor vehicles and tractors. - Case 102/79.

European Court reports 1980 Page 01473
Greek special edition Page 00099
Swedish special edition Page 00187
Finnish special edition Page 00191
Spanish special edition Page 00507

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

1 . ACTS OF THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY MEMBER STATES - REQUIREMENTS OF LEGAL CLARITY AND CERTAINTY - IMPLEMENTATION BY MEANS OF ADMINISTRATIVE PRACTICES - INSUFFICIENCY

( EEC TREATY , ART . 189 )

2 . ACTS OF THE INSTITUTIONS - DIRECTIVES - RIGHT OF PARTIES CONCERNED TO RELY ON DIRECTIVES IN THE ABSENCE OF ADEQUATE MEASURES OF IMPLEMENTATION - EFFECT NOT FREEING MEMBER STATES FROM THEIR OBLIGATION TO IMPLEMENT DIRECTIVES

( EEC TREATY , ART . 189 )

3 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - INADMISSIBILITY

( EEC TREATY , ART . 169 )

Summary

1 . IT IS ESSENTIAL THAT EACH MEMBER STATE SHOULD IMPLEMENT DIRECTIVES IN A WAY WHICH FULLY MEETS THE REQUIREMENTS OF CLARITY AND CERTAINTY IN LEGAL SITUATIONS WHICH DIRECTIVES SEEK FOR THE BENEFIT OF TRADERS ESTABLISHED IN OTHER MEMBER STATES . MERE ADMINISTRATIVE PRACTICES , WHICH BY THEIR NATURE CAN BE CHANGED AS AND WHEN THE AUTHORITIES PLEASE AND WHICH ARE NOT PUBLICIZED WIDELY ENOUGH , CANNOT BE REGARDED AS A PROPER FULFILMENT OF THE OBLIGATION IMPOSED BY ARTICLE 109 OF THE EEC TREATY ON MEMBER STATES TO WHICH THE DIRECTIVES ARE ADDRESSED .

2 . THE EFFECT OF THE THIRD PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY IS THAT COMMUNITY DIRECTIVES MUST BE IMPLEMENTED BY APPROPRIATE IM- PLEMENTING MEASURES CARRIED OUT BY THE MEMBER STATES . ONLY IN SPECIFIC CIRCUMSTANCES , IN PARTICULAR WHERE A MEMBER STATE HAS FAILED TO TAKE THE IMPLEMENTING MEASURES REQUIRED OR HAS ADOPTED MEASURES WHICH DO NOT CONFORM TO A DIRECTIVE , HAS THE COURT OF JUSTICE RECOGNIZED THE RIGHT OF PERSONS AFFECTED THEREBY TO RELY IN LAW ON A DIRECTIVE AS AGAINST A DEFAULTING MEMBER STATE . THIS MINIMUM GUARANTEE ARISING FROM THE BINDING NATURE OF THE OBLIGATION IMPOSED ON THE MEMBER STATES BY THE EFFECT OF THE DIRECTIVES UNDER THE THIRD PARAGRAPH OF ARTICLE 189 CANNOT JUSTIFY A MEMBER STATE ' S ABSOLVING ITSELF FROM TAKING IN DUE TIME IMPLEMENTING MEASURES SUFFICIENT TO MEET THE PURPOSE OF EACH DIRECTIVE .

3 . A MEMBER STATE CANNOT RELY UPON DOMESTIC DIFFICULTIES OR PROVISIONS OF ITS NATIONAL LEGAL SYSTEM , EVEN ITS CONSTITUTIONAL SYSTEM , FOR THE PURPOSE OF JUSTIFYING A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS CONTAINED IN COMMUNITY DIRECTIVES .

Parties

IN CASE 102/79

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISERS , ROLF WAGENBAUER AND AUKE HAAGSMA , ACTING AS AGENTS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ITS LEGAL ADVISER , MARIO CERVINO , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

V

KINGDOM OF BELGIUM , REPRESENTED BY ROBERT HOEBAER , DIRECTOR AT THE MINISTERE DES AFFAIRES ETRANGERES , DU COMMERCE EXTERIEUR ET DE LA COOPERATION AU DEVELOPPEMENT ( MINISTRY FOR FOREIGN AFFAIRS , FOREIGN TRADE AND COOPERATION WITH DEVELOPING COUNTRIES ), ACTING AS AGENT WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE BELGIAN EMBASSY ,

DEFENDANT ,

Subject of the case

APPLICATION FOR A DECLARATION THAT THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL AN OBLIGATION UNDER THE EEC TREATY BY NOT PUTTING INTO FORCE , WITHIN THE PRESCRIBED PERIODS , THE LAWS , REGULATIONS AND ADMINISTRATIVE MEASURES NECESSARY TO COMPLY WITH 12 COUNCIL DIRECTIVES ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MOTOR VEHICLES AND AGRICULTURAL OR FORESTRY TRACTORS ,

Grounds

1 BY AN APPLICATION OF 25 JUNE 1979 THE COMMISSION BROUGHT AN ACTION UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT THE KINGDOM OF BELGIUM HAD FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY BY FAILING TO TAKE WITHIN THE PRESCRIBED PERIODS THE MEASURES NECESSARY TO COMPLY WITH COUNCIL DIRECTIVES NOS 70/221 , 70/387 , 74/60 AND 74/483 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MOTOR VEHICLES ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION...