C-134/86

OPINION OF MR MISCHO —CASE 134/86

OPINION OF MR ADVOCATE GENERAL MISCHO delivered on 25 March 1987 *

Mr President, the prescribed period for their implemen- Members of the Court, tation expired on 8 October 1983. 3. While quite understanding the reasons 1. Since no fresh facts or arguments were put forward by the Belgian Government to raised at the hearing, I may be very brief. explain that delay, I can but reiterate what the Court has consistently held in such situ­ 2. It is common ground that the Kingdom ations: 'a Member State may not plead of Belgium has not yet adopted the laws, provisions, practices or circumstances regulations and administrative provisions existing in its internal legal system in order necessary for compliance with the two to justify a failure to comply with obli­ directives in question on the approximation gations and time-limits laid down by of the laws of the Member States relating to directives' (see, most recently, the judgment methods of testing the biodegradability of of 12 March 1987 in Case 9/86 Commission non-ionic and anionic surfactants, although v Belgium [1987] ECR 1331, paragraph 5).

4 I therefore suggest that the Court should allow the Commission's application, declare that the Kingdom of Belgium has failed to fulfil the obligations in question and order it to pay the costs.

* Translated from the French.