C-390/85
ECLI:EU:C:1987:14
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OPINION OF MR MISCHO —CASE 390/85
OPINION OF MR ADVOCATE GENERAL MISCHO delivered on 15 January 1987 *
Mr President, with a subject-matter of fairly considerable Members of the Court, complexity. It is also true that the directives do not introduce full coordination and leave numerous possible options to the Member States. Those options must have necessitated Since no new factors such as to affect my careful consideration and extensive assessment of this case have arisen during exchanges of views between the various the hearing, I shall deliver my Opinion competent departments within the civil forthwith. service of each Member State. It is also understandable that the Belgian authorities should have wished to take advantage of It is uncontestable and uncontested that, to this opportunity so as, at the same time, to date, the Kingdom of Belgium has not amend national law in certain related areas, adopted the measures necessary to comply which might have given rise to an additional with the provisions of: delay.
(i) Council Directive 79/279/EEC of 5 March 1979 coordinating the However, on the other hand it must not be conditions for the admission of forgotten that soon eight years will have securities to official stock exchange passed since the adoption of the first listing; directive, seven years since the adoption of the second and five years since the adoption of the third. The period given for implementation, which was extended until (ii) Council Directive 80/390/EEC of 30 June 1983, has now been exceeded by 17 March 1980 coordinating the three and a half years. requirements for the drawing up, scrutiny and distribution of the listing particulars to be published for the admission of securities to official stock Moreover, as regards the difficulties listing; and inherent in the directives themselves, it is appropriate to point to the Court's judgments of 12 October 1982, in which (iii) Council Directive 82/121/EEC of 15 it stressed that 'the governments of the February 1982 on information to be Member Sutes participate in the published on a regular basis by preparatory work for directives and must companies the shares of which have therefore be in a position to prepare, within been admitted to official stock the period prescribed, the draft legislative exchange listing. provisions necessary for their implemen tation'. 1
1 — See judgments of 12 October 1982 in Case 136/81 Admittedly, the Belgian Government is right Commission v Italy [1982] ECR 3547, Case 148/81, to maintain that the three directives deal Commission v Belgium [1982] ECR 3555, Case 149/81 Commission v Luxembourg [1982] ECR 3565 and Case 151/81 Commission v Ireland [1982] ECR 3573, at * Translated from the French. paragraph 5.
COMMISSION v BELGIUM
More generally and in accordance with a practices or circumstances existing in its principle laid down in an established line of internal legal system in order to justify a cases which has just been reapplied in the failure to comply with obligations and Court's judgment of 15 January 1987 in time-limits resulting from Community Case 365/85 Commission v Italy [1987], 'a directives'. 2 Member State may not plead provisions,
In those circumstances, I cannot but propose that the Court uphold the Commission's application, that is to say that it should:
Declare that, by failing to adopt the measures necessary to comply with the provisions of Council Directives 79 / 279 / EEC , 80 / 390 / EEC and 82 / 121 / EEC , the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty;
Order the Kingdom of Belgium to pay the costs.
2 — See, by way of example, the judgment of 20 March 1986 in Case 17/85 Commission v Italy [1986] ECR 1199, at paragraph 6, and the judgment of 30 April 1986 in Case 158/85 Commission v Italy [1986] ECR 1489, at paragraph