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Opinion of Mr Advocate General delivered on 10 June 1999. # Commission of the European Communities v Kingdom of Belgium. # Failure by a Member State to fulfil its obligations - Articles 6 and 52 of the EC Treaty (now, after amendment, Articles 12 EC and 43 EC) - Air traffic - Registration of aircraft. # Case C-203/98.
ECLI:EU:C:1999:299
61998CC0203(01)
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Important legal notice
61998C0203(01)
Opinion of Mr Advocate General Alber delivered on 10 June 1999. - Commission of the European Communities v Kingdom of Belgium. - Failure by a Member State to fulfil its obligations - Articles 6 and 52 of the EC Treaty (now, after amendment, Articles 12 EC and 43 EC) - Air traffic - Registration of aircraft. - Case C-203/98.
European Court reports 1999 Page I-04899
Opinion of the Advocate-General
By application of 28 May 1998 the Commission asked the Court for a declaration that, by requiring that Community economic operators be resident or established in Belgium before they can register aircraft 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 (now, after amendment, Articles 12 EC and 43 EC).
The oral procedure in this case had already reached a close and the Opinion was delivered on 4 March 1999.
By order of 26 March 1999 the Court ordered the oral procedure to be reopened under Article 61 of its Rules of Procedure.
However, the parties waived a fresh hearing.
Since no further points of law or fact were raised, reference may be made to the content of my Opinion of 4 March 1999.
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 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 (now, after amendment, Articles 12 EC and 43 EC);
(2) order the Kingdom of Belgium to pay the costs.