C-375/89
ECLI:EU:C:1991:30
- Súd
- Súdny dvor Európskej únie
- IČS
- 61989CC0375
- Zdroj
- eur-lex.europa.eu ↗
Case C-375/89 (Summary publication)
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)
Summary of the Judgment
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 — Periodfor compliance (EEC Treaty, Art. 171)
1. As the Court has consistently held, a 2. The process of complying with a Member State may not plead provisions, judgment declaring that a Member State practices or circumstances existing in its has failed to fulfil its obligations must be internal legal system in order to justify a initiated at once and must be completed failure to comply with its obligations as soon as possible (see the judgment of under Community law. 13 July 1988 in Case 169/87 Commission v France [1988] ECR 4093).
OPINION OF THE ADVOCATE GENERAL
Mr Advocate General Giuseppe Tesauro delivered his Opinion on 24 January 1991. * He proposed that the Court should grant the application and order the Kingdom of Belgium to pay the costs.
* Original language Italian
I-383