C-239/95
ECLI:EU:C:1996:59
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OPINION OF MR RUIZ-JARABO COLOMER — CASE C-239/95
OPINION OF ADVOCATE GENERAL RUIZ-JARABO COLOMER delivered on 15 February 1996 *
1. In the present case, the Court of Justice is They shall apply such provisions from 1 Jan- called upon to rule on the application made uary 1993. by the Commission on 6 July 1995 in which it seeks a declaration, pursuant to Article 169 of the EC Treaty, that by failing to adopt and bring into force within the prescribed time-limit the provisions necessary to imple- ment Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the 2. Member States shall communicate to the Member States relating to active implantable Commission the texts of the provisions of medical devices, 1and by failing to inform national law which they adopt in the field the Commission thereof, the Kingdom of covered by this directive.' Belgium has failed to fulfil its obligations under that directive.
3. Since it received no information concern- ing the transposition of Directive 90/385/EEC within the prescribed period, the Commission considered that Belgium 2. As regards the time-limit for transposing had failed to fulfil its obligations and, pursu- Directive 90/385/EEC into national law, ant to Article 169 of the EC Treaty, sent the Article 16 provides: Belgian Government a letter of formal notice on 14 October 1992, calling upon it to sub- mit its observations on the matter within two months.
'1. Before 1 July 1992, Member States shall adopt and publish the laws, regulations and 4. In view of its failure to reply to the letter administrative provisions necessary in order of formal notice and its continued failure to to comply with this directive. They shall fulfil its obligations, the Commission forthwith inform the Commission thereof. addressed a reasoned opinion to the Belgian Government on 2 July 1993 in which it stated that the Kingdom of Belgium had * Original language: Spanish. failed to fulfil its obligations under Directive 1 — OJ 1990 L 189, p. 17. 90/385/EEC and urged that State to adopt
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COMMISSION ν BELGIUM
within rwo months the measures necessary 7. In its defence, the Belgian Government to comply with the reasoned opinion. did not dispute that it had failed to fulfil its obligations as alleged by the Commission and merely stated that the national provision implementing Directive 90/385/EEC had received favourable opinions from the Con- seil Supérieur d'Hygiène and the Inspecteur 5. The Belgian Government neither replied des Finances (Inspector of Taxes), but that to the reasoned opinion nor adopted the the opinion of the Belgian Conseil d'État measures necessary in order to transpose was still pending. Directive 90/385/EEC. The Belgian authori ties merely informed the Secretariat General of the Commission by letter of 28 March 1995 that the draft national legislation intended to transpose the directive into Bel gian law had been submitted for the opinion 8. In the present case it has been indisput- of the Conseil Supérieur d'Hygiène (Public ably demonstrated that Belgium did not Health Board). adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 90/385/EEC. Accordingly, the Kingdom of Belgium has failed to fulfil its obligations under the third paragraph of Article 189 of 6. In those circumstances, the Commission the EC Treaty and Directive 90/385/EEC, in decided to bring the present action before particular Article 16 thereof. the Court of Justice, asking it to declare that by failing to adopt the laws, regulations and administrative provisions necessary to com- ply with Council Directive 90/385/EEC or, in any event, failing to inform the Commis- sion of them forthwith, Belgium had failed 9. Since the Commission's application is to fulfil its obligations under that directive well founded and must be upheld, the King- and in particular Article 16 thereof. The dom of Belgium must be ordered to pay the Commission also asked that the Kingdom of costs, in accordance with Article 69(2) of the Belgium be ordered to pay the costs. Rules of Procedure.
10. I therefore propose that the C o u r t :
(1) Declare that, by failing t o a d o p t and bring into force within the prescribed period the provisions necessary to comply with Council Directive
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OPINION OF MR RUIZ-JARABO COLOMER — CASE C-239/95
90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices, the Kingdom of Belgium has failed to fulfil its obligations under the third paragraph of Article 189 of the EC Treaty and Article 16 of that directive.
(2) Order the defendant Member State to pay the whole of the costs of the pro- ceedings.
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