[1]Avis juridique important
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                                   61989J0375

   Judgment of the Court of 19 February 1991. - Commission of the European
   Communities v Kingdom of Belgium. - Failure of a State to fulfil
   obligations - Failure to comply with the judgment in Case 5/86. - Case
   C-375/89.
   European Court reports 1991 Page I-00383
   Pub.RJ Page Pub somm

   [2]Summary
   [3]Parties
   [4]Operative part

Keywords

   ++++

   1. Member States - Obligations - Failure to fulfil obligations -
   Justification - Not acceptable

   (EEC Treaty, Art. 169)

   2. Application for failure to fulfil obligations - Judgment of the
   Court finding such failure - Period for compliance

   (EEC Treaty, Art. 171)

Summary

   1. As the Court has consistently held, a Member State may not plead
   provisions, practices or circumstances existing in its internal legal
   system in order to justify a failure to comply with its obligations
   under Community law.

   2. The process of complying with a judgment declaring that a Member
   State has failed to fulfil its obligations must be initiated at once
   and must be completed as soon as possible (see the judgment of 13 July
   1988 in Case 169/87 Commission v France [1988] ECR 4093).

Parties

   In Case C-375/89,

   Commission of the European Communities, represented by A. Abate,
   Principal Legal Adviser, and M. Nolin, a member of its Legal
   Department, acting as Agents, with an address for service in Luxembourg
   at the Office of Guido Berardis, a member of its Legal Department,
   Wagner Centre, Kirchberg,

   applicant,

   v

   Kingdom of Belgium, represented by Robert Hoebaer, Director of
   Administration at the Ministry for Foreign Relations, Foreign Trade and
   Cooperation with Developing Countries, acting as Agent, with an address
   for service in Luxembourg at the Belgian Embassy, 4 rue des Girondins,

   defendant,

   APPLICATION for a declaration that, by failing to take the measures
   needed to comply with the judgment of the Court of Justice of 9 April
   1987 in Case 5/86 Commission v Belgium [1987] ECR 1773, the Kingdom of
   Belgium has failed to fulfil its obligations under Article 171 of the
   EEC Treaty,

   THE COURT

   composed of O. Due, President, G. F. Mancini, T. F. O' Higgins and G.
   C. Rodríguez Iglesias (Presidents of Chambers), Sir Gordon Slynn, R.
   Joliet and F. A. Schockweiler, Judges,

   (the grounds of the judgment are not reproduced)

   hereby:

Operative part

   (1) Declares that, by failing to take the measures needed to comply
   with the judgment of the Court of Justice of 9 April 1987, the Kingdom
   of Belgium has failed to fulfil its obligations under Article 171 of
   the EEC Treaty;

   (2) Orders the Kingdom of Belgium to pay the costs.

References

   1. file:///../editorial/legal_notice.htm
   2. file:///tmp/lynxXXXXlKMlEw/L108193-6194TMP.html#SM
   3. file:///tmp/lynxXXXXlKMlEw/L108193-6194TMP.html#I1
   4. file:///tmp/lynxXXXXlKMlEw/L108193-6194TMP.html#DI