C-319/98
ECLI:EU:C:1998:626
- Súd
- Súdny dvor Európskej únie
- IČS
- 61998CC0319
- Zdroj
- eur-lex.europa.eu ↗
OPINION OF MR RUE-JARABO — CASE C-3I9/98
OPINION OF ADVOCATE GENERAL RUIZ-JARABO COLOMER delivered on 17 December 1998 *
1. In this action under Article 169 of the EC tion, the Commission, on 19 February 1998, Treaty, the Commission asks the Court for a sent a reasoned opinion to the Belgian Gov declaration that, by failing to adopt or com ernment, calling on it to adopt the necessary municate to it, within the prescribed period, measures to implement the Directive. the laws, regulations and administrative mea sures necessary to comply with Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the pro tection of purchasers in respect of certain 4. In answer to the reasoned opinion, the aspects of contracts relating to the purchase Belgian Government informed the Commis of the right to use immovable properties on a sion, by letter of 20 April 1998, that, albeit timeshare basis, 1 the Kingdom of Belgium somewhat belatedly, the corresponding draft has failed to fulfil its obligations under the law had been adopted by the Council of Treaty. Ministers and that, once it had become law, it would be sent to the Commission.
5. Given that, by 17 August 1998, there was no evidence that the Directive had been trans 2. Article 12 of Directive 94/47/EC (herein posed, the Commission brought the present after 'the Directive') provides that the Member action before the Court of Justice. States are to adapt their national laws to the provisions of the Directive by no later than 30 April 1997 and that they are to immedi ately inform the Commission thereof. 6. In its defence, the Belgian Government stated that the draft law implementing the Directive had been presented to the House of Representatives on 18 August 1998 and that it would be adopted as soon as possible.
3. During the pre-litigation procedure, the Commission sent a letter before action to the Belgian Government on 9 September 1997. 7. Accordingly, since the Kingdom of Bel Having received no reply to that communica gium clearly failed to fulfil its obligations, it is appropriate to uphold the Commission's application and, under Article 69(2) of the * Original language: Spanish. Rules of Procedure, to order the defendant to 1 — OJ 1994 L 280, p. 83. pay the costs.
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COMMISSION v BELGIUM
Conclusion
8. In view of the foregoing, I propose that the Court should:
(1) declare that, by failing to adopt or communicate to the Commission, within the prescribed period, the laws, regulations and administrative provisions neces sary to comply with Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of cer tain aspects of contracts relating to the purchase of the right to use immovable properties on a time-share basis, the Kingdom of Belgium has failed to fulfil its obligations under the EC Treaty.
(2) order the defendant to pay the costs.
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