C-218/94

COMMISSION v BELGIUM

JUDGMENT OF THE COURT (Sixth Chamber) 4 May 1995 *

In Case C-218/94,

Commission of the European Communities, represented by Anders Jessen, of the Legal Service, and Jean-Francis Pasquier, a national official on secondment to the Commission's Legal Service, acting as Agents, with an address for service in Luxembourg at the office of Georgios Kremlis, also of the Legal Service, Wagner Centre, Kirchberg,

applicant,

v

recognition of their conformity (OJ 1991 L 128, p. 1), the Kingdom of Belgium has failed to fulfil its obligations under the third paragraph of Article 189 of the EC Treaty and under Article 17 of the above Directive 91/263, and, in the alternative, a declaration that, by failing to inform the Commission without delay of the mea­ sures adopted to that end, the Kingdom of Belgium has in any event failed to fulfil its obligations under those provisions,

THE COURT (Sixth Chamber),

composed of: E A. Schockweiler, President of the Chamber, G. E Mancini (Rap­ porteur), J. L. Murray, G. Hirsch and H . Ragnemalm, Judges,

Advocate General: C. O . Lenz, Registrar: R. Grass,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 23 February 1995,

2 Under Article 17 of the directive, Member States were required to take the mea­ sures necessary to comply with the directive not later than 6 November 1992 and forthwith to inform the Commission of those measures.

3 The Kingdom of Belgium does not dispute that the directive was not transposed within the period specified. However, it points out that the decrees designed to transpose it are in the process of being drafted.

4 Since the directive was not transposed within the period laid down in Article 17 thereof, it must be held that there has been a failure to fulfil obligations as argued by the Commission.

5 It must accordingly be held that, by failing to adopt within the period specified the laws, regulations and administrative measures necessary to comply with the direc-

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JUDGMENT OF 4.5. 1995 — CASE C-218/94

1. Declares that, by failing to adopt within the period specified the laws, regu- lations and administrative measures necessary to comply with Council Directive 91/263/EEC of 29 April 1991 on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity, the Kingdom of Bel- gium has failed to fulfil its obligations under Article 189 of the EC Treaty and Article 17 of Directive 91/263;

I -1094

COMMISSION v BELGIUM

2. Orders the Kingdom of Belgium to pay the costs.

Schockweiler Mancini Murray

Hirsch Ragnemalm