20.8.2005   

EN

Official Journal of the European Union

C 205/11

Action brought on 16 June 2005 by the Commission of the European Communities against the Kingdom of Belgium

(Case C-254/05)

(2005/C 205/21)

Language of the case: French

An action against the Kingdom of Belgium was brought before the Court of Justice of the European Communities on 16 June 2005 by the Commission of the European Communities, represented by Bruno Stromsky, acting as Agent, with an address for service in Luxembourg.

The Commission of the European Communities claims that the Court should:

1.

declare that, by requiring automatic fire detection systems with point detectors lawfully manufactured or marketed in another Member State which do not have the ‘EC’ mark:

—

to comply with Belgian standard NBN S21-100;

—

to be subject to type approval, in this case by BOSEC, an obstacle made worse by the disproportionate costs which that approval incurs;

—

to undergo tests and checks in connection with that type approval which, essentially, duplicate the controls which have already been carried out under other procedures in another Member State,

the Kingdom of Belgium has failed to fulfil its obligations under Article 28 EC;

2.

order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

According to the Commission, the Belgian regulations introduce restrictions on the use of fire detectors lawfully manufactured or marketed in other Member States which are therefore incompatible with Article 28 EC and are not justified in the light of Article 30 EC.