61981J0068

MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO COMPLY - JUSTIFICATION - NOT POSSIBLE

( EEC TREATY , ART . 169 )

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES IN ITS INTERNAL LEGAL SYSTEM TO JUSTIFY FAILURE TO COMPLY WITH OBLIGATIONS UNDER COMMUNITY DIRECTIVES .

IN CASE 68/81

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , RENE CHRISTIAN BERAUD , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO A MEMBER OF THE LEGAL DEPARTMENT OF THE COMMISSION , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

V

KINGDOM OF BELGIUM , REPRESENTED BY ROBERT HOEBAER , A DIRECTOR IN THE MINISTRY FOR FOREIGN AFFAIRS , FOREIGN TRADE AND COOPERATION AND DEVELOPMENT , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE BELGIAN EMBASSY ,

DEFENDANT ,

APPLICATION FOR A DECLARATION THAT BY NOT IMPLEMENTING WITHIN THE PRESCRIBED PERIOD COUNCIL DIRECTIVE 78/176 OF 20 FEBRUARY 1978 ON WASTE FROM THE TITANIUM DIOXIDE INDUSTRY ( OFFICIAL JOURNAL L 54 , P . 19 ), THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ,

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 3 APRIL 1981 THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION FOR A DECLARATION UNDER ARTICLE 169 OF THE EEC TREATY THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 78/176/EEC OF 20 FEBRUARY 1978 ON WASTE FROM THE TITANIUM DIOXIDE INDUSTRY ( OFFICIAL JOURNAL L 54 , P . 19 ), THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE THIRD PARAGRAPH OF ARTICLE 189 OF THE TREATY .

2 ARTICLE 15 OF THE DIRECTIVE PROVIDES THAT MEMBER STATES ARE TO BRING INTO FORCE THE MEASURES NEEDED TO COMPLY THEREWITH WITHIN TWELVE MONTHS OF NOTIFICATION THEREOF WHICH EXPIRED IN THIS CASE ON 22 FEBRUARY 1979 .

3 THE BELGIAN GOVERNMENT DOES NOT DENY THAT IT HAS NOT FULFILLED THAT OBLIGATION . ALTHOUGH THE BELGIAN GOVERNMENT HAS ASKED THE COURT ' ' TO TAKE NOTE THAT THE DIRECTIVE IN QUESTION HAS ALREADY BEEN PARTIALLY IMPLEMENTED ' ' , IT IS CLEAR FROM THE PARTICULARS SUBSEQUENTLY GIVEN BY THAT GOVERNMENT THAT THE MEASURES WHICH IT HAS ADOPTED ARE NOT DESIGNED TO IMPLEMENT COUNCIL DIRECTIVE 78/176 .

4 ESSENTIALLY , THE BELGIAN GOVERNMENT JUSTIFIES ITS FAILURE BY THE FACT THAT IMPORTANT INSTITUTIONAL REFORMS CONCERNING THE REDISTRIBUTION OF POWERS AND RESPONSIBILITIES BETWEEN THE NATIONAL AND REGIONAL INSTITUTIONS ARE IN PROGRESS , ESPECIALLY IN THE AREA COVERED BY THE DIRECTIVE IN QUESTION . SO LONG AS THE NEW INSTITUTIONS ARE NOT YET IN A POSITION TO EXERCISE THEIR POWERS IT WILL NOT BE POSSIBLE , ACCORDING TO THE BELGIAN GOVERNMENT , TO IMPLEMENT THE DIRECTIVE FULLY .

5 ALTHOUGH THOSE CIRCUMSTANCES MAY EXPLAIN THE DIFFICULTY IN IMPLEMENTING THE DIRECTIVE THEY DO NOT EXPUNGE THE FAILURE OF THE KINGDOM OF BELGIUM TO FULFIL ITS OBLIGATIONS . ACCORDING TO ESTABLISHED CASE-LAW OF THE COURT A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES IN ITS INTERNAL LEGAL SYSTEM TO JUSTIFY FAILURE TO COMPLY WITH OBLIGATIONS UNDER COMMUNITY DIRECTIVES .

6 IT MUST THEREFORE BE HELD THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE 78/176 OF 20 FEBRUARY 1978 , THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .

COSTS

7 ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR . SINCE THE DEFENDANT HAS BEEN UNSUCCESSFUL , IT MUST BE ORDERED TO PAY THE COSTS .

ON THOSE GROUNDS ,

THE COURT

HEREBY :

1 . DECLARES THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH THE COUNCIL DIRECTIVE 78/176 OF 20 FEBRUARY 1978 ON WASTE FROM THE TITANIUM DIOXIDE INDUSTRY ( OFFICIAL JOURNAL L 54 , P . 19 ), THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ;

2.ORDERS THE KINGDOM OF BELGIUM TO PAY THE COSTS .