C-66/94
ECLI:EU:C:1994:388
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OPINION OF MR LÉGER — CASE C-66/94
OPINION OF ADVOCATE GENERAL LÉGER delivered on 17 November 1994 *
1. By an application lodged at the Court posed into Belgian law by 1 July 1992 at the 3 Registry on 15 February 1994 the Commis latest. sion of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that by failing to bring into force the laws, regulations and administrative provisions necessary to comply with Council Directive 91/687/EEC of 11 December 1991 amending Directives 64/432/EEC, 3. The procedure for establishing the failure 72/461/EEC and 80/215/EEC as regards cer to fulfil obligations was initiated on tain measures relating to swine-fever 1 and 14 October 1992 and the Commission has with Council Directive 91/688/EEC of obtained no official response from the Bel 11 December 1991 amending Directive gian Government to either its formal notice 72/462/EEC on health and veterinary or its reasoned opinion. Furthermore, it has inspection problems upon importation of received no indication whatsoever that the bovine, ovine and caprine animals and swine, measures necessary to transpose the direc fresh meat or meat products from third 2 tives into Belgian law have been adopted. countries and/or by failing to communicate them to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under the penultimate articles of the said directives and Articles 5 and 189 of the EC Treaty.
4. In its statement in defence the Belgian Government does not deny the failure but merely indicates that decrees implementing the directives are being drafted and that the Court will be informed as soon as they are brought into force.
2. It is common ground that the abovemen- tioned directives should have been trans 5. The Court has consistently held that a Member State may not plead provisions,
* Original language: French. 1 — OJ 1991 L 377, p. 16. 3 — Article 4, first paragraph, of Directive 91/687 and Article 2, 2 — OJ 1991 L 377, p. 18. first paragraph, of Directive 91/688.
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COMMISSION v BELGIUM
practices or circumstances in its internal legal 6. It follows that the failure by the Kingdom system in order to justify failure to fulfil its of Belgium to fulfil its obligations alleged by Community law obligations. the Commission and not contested by the Kingdom of Belgium has been established.
7. I propose that the Court should rule as follows:
(1) declare that by failing to bring into force the laws, regulations and adminis trative provisions necessary to comply with Council Directive 91/687/EEC of 11 December 1991 amending Directives 64/432/EEC, 72/461/EEC and 80/215/EEC as regards certain measures relating to swine-fever and with Council Directive 91/688/EEC of 11 December 1991 amending Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries and/or by failing to communicate them to the Commis sion, the Kingdom of Belgium has failed to fulfil its obligations under the pe nultimate articles of the said directives and Articles 5 and 189 of the EC Treaty;
(2) order the Kingdom of Belgium to pay the costs.
4 — Case C-303/93 Commission v Italy [1991] ECR I-1901.
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