C-203/98
ECLI:EU:C:1999:122
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- Súdny dvor Európskej únie
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- 61998CC0203
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COMMISSION V BELGIUM
OPINION OF ADVOCATE GENERAL ALBER delivered on 4 March 1999 *
A — Facts 4. The Commission, upon receiving no further information indicating that the relevant Belgian legislation had been amen- ded, on 19 June 1997 sent the Belgian Government a reasoned opinion requesting 1. In this action the Commission is alleging it to comply with that opinion within two that, by requiring economic operators from months of receipt thereof. other Member States of the Community to be resident or established in Belgium for at least one year before they can register aircraft there, the Kingdom of Belgium has failed to fulfil its obligations under 5. In its reply of 28 July 1997 the Belgian Articles 6 and 52 of the EC Treaty. Government acknowledged that the com- patibility of the Belgian legislation with Community law was a matter for concern. However, the residency or establishment requirement is still in force.
2. The requirement of residency or estab- lishment is laid down in the second sub- paragraph, points (c) and (d), of Arti- cle 3(3) of the Royal Decree of 15 March 1954 regulating air traffic. 6. The Commission therefore brought an action on 28 May 1998 requesting that the Court should:
3. The Commission first drew the Belgian Government's attention to what it viewed 1. declare that, by requiring that Com- as the problem of the compatibility of that munity operators be resident or estab- Belgian provision with Articles 6, 52 and lished for one year in Belgium before 59 of the EC Treaty in a letter of 31 Octo- they can register aircraft there under ber 1995. In its reply the Belgian Govern- the second subparagraph, points (c) ment pointed to draft legislation amending and (d), of Article 3(3) of the Royal the existing legal position. Decree of 15 March 1954 regulating air traffic, the Kingdom of Belgium has failed to fulfil its obligations under * Original language: German. Articles 6 and 52 of the EC Treaty;
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OPINION OF MR ALBER — CASE C-203/98
2. order the Kingdom of Belgium to pay impossible for nationals of other Member the costs. States to register aircraft unless they have been resident or established in Belgium for at least one year. That amounts to discri- mination on grounds of nationality. The resultant infringement of Articles 6 and 52 7. In its reply the Commission withdrew of the EC Treaty as such is not expressly the allegation made in the initiating appli- denied. cation of infringement of Article 59 of the EC Treaty.
11. As regards Belgium's argument that it 8. Although the Belgian Government did has been administrative practice since 1996 not make any explicit proposals in its not to apply the provisions of the Royal defence, it stated that the relevant provi- Decree of 15 March 1994, it is the Court's sions on the registration of aircraft would consistent case-law that that. argument be amended in accordance with the Com- cannot justify an infringement of the mission's concerns. The Belgian legislation Treaty. 1 would then comply with the requirements of Articles 6 and 52 of the Treaty.
9. The Belgian Government contended 12. The existence of draft legislation does that, until the new provisions entered into nothing to alter that result. force, the competent authorities were under an obligation not to give effect to the contested provisions in relation to legal or natural persons from other Member States. It claimed that it had been administrative practice since 1996 to ensure that Belgian nationals and nationals of other Member States were treated equally. Costs
13. Under Article 69(2) of the Rules of B — Opinion Procedure, the Kingdom of Belgium is to be ordered to pay the costs.
10. Articles 6 and 52 of the EC Treaty have 1 —Judgment in Case C-334/94 Commission v France [1996] been infringed in this case since it is ECR I-1307, paragraphs 30 and following.
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COMMISSION V BELGIUM
C — Conclusion
14. In conclusion therefore I propose that the Court should:
(1) declare that, by requiring Community economic operators to be resident or established for one year in Belgium before they can register aircraft there under the second subparagraph, points (c) and (d), of Article 3(3) of the Royal Decree of 15 March 1954 regulating air traffic, the Kingdom of Belgium has failed to fulfil its obligations under Articles 6 and 52 of the EC Treaty;
(2) order the Kingdom of Belgium to pay the costs.
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