C-208/96
ECLI:EU:C:1997:408
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OPINION OF MR LÉGER — CASE C-208/96
OPINION OF ADVOCATE GENERAL LÉGER delivered on 16 September 1997
1. In this action the Commission asks the 3. Since the Belgian Government did not Court: notify it of the measures transposing the directive, and it possessed no other infor- mation to support a conclusion that the Kingdom of Belgium had fulfilled its obliga- tion in that respect, the Commission initiated proceedings for failure to fulfil obligations '(1) to find that, by not adopting within the under Article 169 of the Treaty and sent a prescribed period the laws, regulations letter of formal notice to the Belgian Gov- and administrative provisions necessary ernment dated 3 December 1993. to comply with Council Directive 92/119/EEC of 17 December 1992 introducing general Community mea- sures for the control of certain animal diseases and specific measures relating to swine vesicular disease ' (hereinafter 4. Since it received no reply to its letter, the "the directive"), the Kingdom of Bel- Commission sent a reasoned opinion to the gium has failed to fulfil its obligations Kingdom of Belgium on 26 September 1994, under that directive and under the EC requiring it to adopt the measures necessary Treaty; to comply with the opinion within two months of its notification.
(2) to order the Kingdom of Belgium to 5. By letter dated 9 October 1995 the Bel- pay the costs.' gian authorities informed the Commission that existing legislation partially satisfied the requirements of the directive and that a draft royal decree completing its transposition was being prepared.
2. Article 27 of the directive provides that Member States are to bring into force the measures necessary to comply with the directive before 1 October 1993 and forth- with to inform the Commission thereof. 6. Having received no further communi- cation from the Belgian authorities since that time, the Commission brought the present action by application lodged at the Registry * Original language: French. 1 — OJ 1993 L 62, p. 69. of the Court on 19 June 1996.
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COMMISSION v BELGIUM
7. The Belgian Government claims that the 9. The delay in adopting transposition mea- directive was partially transposed into sures cannot be justified on budgetary national law by a number of measures. It grounds since it is settled case-law that a explains that two royal decrees must still be Member State cannot rely on provisions, adopted in order to complete the transposi- practices or situations of its own internal tion of the directive. It justifies the delay in legal order in order to justify its failure to adopting those measures on the grounds of respect the obligations and time-limits laid the budgetary implications of one of the two down by a directive. 2 decrees.
10. Since the directive was not transposed within the prescribed period, the action brought by the Commission must be 8. The Kingdom of Belgium does not deny regarded as being well founded and, in that it has not, until now, adopted all the accordance with Article 69(2) of the Rules of measures necessary to transpose the direc- Procedure, the Kingdom of Belgium must be tive. ordered to pay the costs.
Conclusion
11. Accordingly, I p r o p o s e that the C o u r t should:
(1) declare that, b y n o t a d o p t i n g w i t h i n t h e prescribed p e r i o d the laws, regula- tions a n d administrative provisions necessary t o c o m p l y w i t h C o u n c i l D i r e c - tive 9 2 / 1 1 9 / E E C of 17 D e c e m b e r 1992 i n t r o d u c i n g general C o m m u n i t y m e a - sures for t h e c o n t r o l of certain animal diseases a n d specific measures relating t o swine vesicular disease, the K i n g d o m of Belgium has failed t o fulfil its o b l i - gations u n d e r Article 27 thereof;
(2) o r d e r t h e K i n g d o m of Belgium to p a y t h e costs.
2 — Sec, in particular. Case C-107/96 Commission v Spain [19971 ECR 1-3193, paragraph 10.
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