C-283/86

COMMISSION v BELGIUM

OPINION OF MR ADVOCATE GENERAL LENZ delivered on 25 November 1988 *

Mr President, 189 and the first paragraph of Article 5 of Members of the Court, the EEC Treaty. 2. Article 8 of the directive provides that the Member States are to adopt the 1. In the present proceedings for failure to measures necessary to comply with the fulfil obligations the Commission of the directive within 18 months of its notification European Communities, the applicant, seeks and must forthwith inform the Commission a declaration that by failing to adopt within thereof. That period expired on 2 January the prescribed period the laws, regulations 1984. and administrative provisions necessary to comply with Council Directive 82 / 470 / EEC 3. The defendant does not deny that the of 29 June 1982 on measures to facilitate requisite measures have not been adopted in the effective exercise of freedom of estab­ Belgium in order to comply with the lishment and freedom to provide services in directive within the prescribed period. respect of activities of self-employed persons in certain services incidental to transport 4. Although we have today heard at the and travel agencies (ISIC Group 718) and in hearing that implementing measures in storage and warehousing (ISIC Group respect of part of the directive have in the 720), 1 the Kingdom of Belgium has failed mean time been adopted by way of a Royal to fulfil its obligations under the directive Decree, there is no doubt that that was not and under the third paragraph of Article done within the prescribed period.