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Document 62006CJ0227
Judgment of the Court (Third Chamber) of 13 March 2008.#Commission of the European Communities v Kingdom of Belgium.#Failure of a Member State to fulfil obligations - Articles 28 EC and 30 EC - Measures having equivalent effect - Construction products - Directive 89/106/EEC - Absence of harmonised standards - National marks of conformity - Presumption of conformity.#Case C-227/06.
Judgment of the Court (Third Chamber) of 13 March 2008.
Commission of the European Communities v Kingdom of Belgium.
Failure of a Member State to fulfil obligations - Articles 28 EC and 30 EC - Measures having equivalent effect - Construction products - Directive 89/106/EEC - Absence of harmonised standards - National marks of conformity - Presumption of conformity.
Case C-227/06.
Judgment of the Court (Third Chamber) of 13 March 2008.
Commission of the European Communities v Kingdom of Belgium.
Failure of a Member State to fulfil obligations - Articles 28 EC and 30 EC - Measures having equivalent effect - Construction products - Directive 89/106/EEC - Absence of harmonised standards - National marks of conformity - Presumption of conformity.
Case C-227/06.
European Court Reports 2008 I-00046*
ECLI identifier: ECLI:EU:C:2008:160
Judgment of the Court (Third Chamber) of 13 March 2008 –
Commission v Belgium
(Case C‑227/06)
Failure of a Member State to fulfil obligations – Articles 28 EC and 30 EC – Measures having equivalent effect – Construction products – Directive 89/106/EEC – Absence of harmonised standards – National marks of conformity – Presumption of conformity
Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Arts 28 EC and 30 EC) (see paras 52-69, operative part)
Re:
| Failure of a Member State to fulfil obligations – Infringement of Articles 28 EC and 30 EC – National law imposing a | de facto | obligation for economic operators wishing to market in Belgium construction products lawfully produced and/or marketed in another Member State to obtain Belgian marks of conformity in order to market those products in Belgium. |
Operative part
The Court:
|
1. |
Declares that, by encouraging economic operators wishing to market in Belgium construction products lawfully manufactured and/or marketed in another Member State to obtain Belgian marks of conformity, the Kingdom of Belgium has failed to fulfil its obligations under Articles 28 EC and 30 EC; |
|
2. |
Orders the Kingdom of Belgium to pay the costs. |