C-65/94
ECLI:EU:C:1994:287
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OPINION OF MR DARMON — CASE C-65/94
OPINION OF ADVOCATE GENERAL DARMON delivered on 12 July 1994 *
Mr President, 3. Article 15 of the aforementioned directive Members of the Court, provides:
'Member States shall bring into force the laws, regulations and administrative provi sions necessary to comply
1. By application lodged at the Court Regis try on 15 February 1994, the Commission of the European Communities applied pursuant to Article 169 of the EC Treaty for a decla — with the requirements of Article 11(2) on ration by the Court that, by failing to bring the date on which they must conform into force the laws, regulations and adminis with the Community rules on the protec trative provisions necessary in order tion of feedingstuffs against pathogenic to comply with Council Directive agents, but at the latest by 31 Decem No 90/167/EEC » (apart from Article 11(2)) ber 1992, and/or by failing to communicate them to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under Arti cle 15 of the said directive and Articles 5 and 189 of the EC Treaty. — before 1 October 1991, with the other provisions of this Directive.
They shall forthwith inform the Commission thereof.'
2. Those proceedings were preceded by a reasoned opinion dated 3 May 1993.
4. The Kingdom of Belgium, without con * Original language: French. 1 — Council Directive of 26 March 1990 laying down the condi testing the validity of the action, merely tions governing the preparation, placing on the market and states in its defence that 'a draft Royal use of medicated feedingstuffs in the Community (OJ 1990 L 92, p . 42). Decree is presently in the course of prepara-
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COMMISSION v BELGIUM
tion and is the subject of consultation fulfil the specific obligations incumbent on it between the departments concerned'. under a directive, there is no need to examine the question whether it has thereby also 5. According to the most recent case-law of failed to fulfil its obligations under Article 5 2 the Court, where a Member State fails to of the Treaty.
6. In the light of the foregoing I propose that the Court should:
— declare that, by failing to bring into force the laws, regulations and adminis trative provisions necessaiy in order to comply with Council Directive No 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community (apart from Article 11(2)), the Kingdom of Belgium has failed to fulfil its obligations under Article 189 of the EEC Treaty and Article 15(1), second indent, of the aforesaid directive;
— order the defendant to pay the costs.
2 — Judgments in Case C-378/92 Commission v Spam [1993] ECR I-5095 and Case C-303/93 Commission v Italy [1994] ECR I-1901, paragraph 7. See in that regard M. Blanquet: 'La conception de l'article 5, lex generalis inopérante, in Varticle 5 du Traité CEE — Recherche sur les obligations tle fidélité des Etats membres de la Communauté, LGDJ, 1994, p. 281.
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