C-377/90

OPINION OF MR CLAUS GULMANN — CASE C-377/990

O P I N I O N OF M R ADVOCATE GENERAL GULMANN delivered on 28 N o v e m b e r 1991 *

Mr President, declaration that, by failing to forward to the Members of the Court, Commission, in accordance with Article 11(2) of the directive, the texts of the main provisions of national law which it has adopted in the fields governed by the 1. The Council Directive of 9 November directive, the Kingdom of Belgium has 1987 ' on access to the occupation of carrier failed to fulfil its obligations under Articles of goods by motorway in national and 5 and 189 of the EEC Treaty. international transport and in the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation was, according to Article 11(1) thereof, to be implemented by the Member States by 30 June 1988. Article 11(2) further provides that the Member The Belgian Government has not denied in States are to forward to the Commission the this case that it has failed to fulfil the texts of the main provisions of national law requirement, laid down in Article 11(2) of which they adopt in the fields governed by the directive, to give information to the the directive. Commission. The defendant kingdom has explained the failure to forward provisions of national law to the Commission by reference to the fact that national provisions 2. By application dated 21 December 1990 for the transposition of the directive into the Commission brought an action for a national law have not yet been adopted.

3. I can therefore only propose to the C o u r t that judgment be given in the terms sought b y the Commission and that the Kingdom of Belgium be ordered to pay the costs.