Avis juridique important

61981J0100

European Court reports 1982 Page 01837

Summary

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

Parties

IN CASE 100/81

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER ROBERT CASPAR FISCHER , ASSISTED BY AUKE HAAGSMA , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENTS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , A MEMBER OF THE COMMISSION ' S LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

THE KINGDOM OF THE NETHERLANDS , REPRESENTED BY ITS AGENT , ADRIAAN BOS , ASSISTANT LEGAL ADVISER TO THE MINISTRY FOR FOREIGN AFFAIRS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE NETHERLANDS EMBASSY ,

DEFENDANT ,

Subject of the case

APPLICATION FOR A DECLARATION THAT , BY NOT INTRODUCING WITHIN THE PERIOD PRESCRIBED THE MEASURES NEEDED TO COMPLY WITH COUNCIL DIRECTIVE NO 74/561/EEC OF 12 NOVEMBER 1974 ON ADMISSION TO THE OCCUPATION OF ROADHAULAGE OPERATOR IN NATIONAL AND INTERNATIONAL TRANSPORT OPERATIONS ( OFFICIAL JOURNAL 1974 , L 308 , P . 18 ) THE KINGDOM OF THE NETHERLANDS HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ,

Grounds

1 BY APPLICATION RECEIVED AT THE COURT REGISTRY ON 24 APRIL 1981 THE COMMISSION BROUGHT AN ACTION UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE NO 74/561/EEC OF 12 NOVEMBER 1974 ON ADMISSION TO THE OCCUPATION OF ROAD-HAULAGE OPERATOR IN NATIONAL AND INTERNATIONAL TRANSPORT OPERATIONS ( OFFICIAL JOURNAL 1974 , L 308 , P . 18 ) THE KINGDOM OF THE NETHERLANDS HAD FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .

2 PURSUANT TO ARTICLE 7 OF COUNCIL DIRECTIVE NO 74/561/EEC , THE MEMBER STATES WERE REQUIRED TO ADOPT THE MEASURES NEEDED IN ORDER TO CONFORM WITH THAT DIRECTIVE WITHIN A PERIOD WHICH EXPIRED ON 1 JANUARY 1977 .

3 THE NETHERLANDS GOVERNMENT DOES NOT DENY THAT IT HAS NOT FULLY COMPLIED WITH THAT OBLIGATION . IT CLAIMS ON THE OTHER HAND THAT THE CONDITIONS REQUIRED BY THE COMMUNITY RULES REGARDING THE OCCUPATIONAL SKILLS AND FINANCIAL STANDING OF THE OWNERS OF TRANSPORT UNDERTAKINGS HAVE BEEN SATISFIED IN THE NETHERLANDS FOR A CONSIDERABLE TIME . THE ONLY POINT REMAINING TO BE DEALT WITH IS THE CONDITION REGARDING THE GOOD REPUTE OF HAULAGE OPERATORS . IN THAT RESPECT , THE DELAY TO WHICH ATTENTION HAS BEEN DRAWN MAY BE ACCOUNTED FOR BY THE OBLIGATION CREATED BY THE JUDGMENTS DELIVERED BY THE COURT ON 22 MARCH 1979 IN CASES 145 AND 146/78 ( AUGUSTIJN AND WATTENBERG ( 1979 ) ECR 1025 AND 1041 ), AS A RESULT OF WHICH THE DRAFT LAW ALREADY ADOPTED BY THE FIRST CHAMBER OF THE STATES GENERAL MUST BE AMENDED SO THAT IT CONFORMS WITH ALL THE OBLIGATIONS IMPOSED BY THE DIRECTIVE IN QUESTION .

4 THESE CIRCUMSTANCES CANNOT EXPUNGE THE FAILURE TO FULFIL ITS OBLIGATIONS , WITH WHICH THE KINGDOM OF THE NETHERLANDS IS CHARGED . ACCORDING TO WELL-ESTABLISHED CASE-LAW , A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS RESULTING FROM COMMUNITY DIRECTIVES .

5 IT MUST THEREFORE BE DECLARED THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE NO 74/561 OF 12 NOVEMBER 1974 , THE KINGDOM OF THE NETHERLANDS HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY .

Decision on costs

COSTS

6 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS , IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING .

7 SINCE THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS .

Operative part

ON THOSE GROUNDS ,

HEREBY :

1 . DECLARES THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE NO 74/561 OF 12 NOVEMBER 1974 ON ADMISSION TO THE OCCUPATION OF ROAD-HAULAGE OPERATOR IN NATIONAL AND INTERNATIONAL TRANSPORT OPERATIONS ( OFFICIAL JOURNAL 1974 , L 308 , P . 18 ), THE KINGDOM OF THE NETHERLANDS HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY ;

2 . ORDERS THE DEFENDANT TO PAY THE COSTS .