Avis juridique important

61986J0009

European Court reports 1987 Page 01331

Summary

++++

MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL AN OBLIGATION - JUSTIFICATION - NOT PERMISSIBLE

( EEC TREATY ART . 169 )

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 AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .

Parties

IN CASE 9/86

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, J . AMPHOUX, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF G . KREMLIS, A MEMBER OF ITS LEGAL DEPARTMENT, JEAN MONNET BUILDING, KIRCHBERG,

APPLICANT,

V

KINGDOM OF BELGIUM, IN THE PERSON OF THE MINISTER FOR FOREIGN RELATIONS, REPRESENTED BY R . HOEBAER, DIRECTOR AT THE MINISTRY OF FOREIGN AFFAIRS, EXTERNAL TRADE AND COOPERATION WITH DEVELOPING COUNTRIES, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE BELGIAN EMBASSY, 4 RUE DES GIRONDINS,

DEFENDANT,

APPLICATION FOR A DECLARATION THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE LAWS, REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 80/1263 OF 4 DECEMBER 1980 ON THE INTRODUCTION OF A COMMUNITY DRIVING LICENCE, THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY,

THE COURT

COMPOSED OF : LORD MACKENZIE STUART, PRESIDENT, T . F . O' HIGGINS AND F . SCHOCKWEILER ( PRESIDENTS OF CHAMBERS ), G . BOSCO, T . KOOPMANS, K . BAHLMANN AND R . JOLIET, JUDGES,

ADVOCATE GENERAL : C . O . LENZ

REGISTRAR : D . LOUTERMAN, ADMINISTRATOR

HAVING REGARD TO THE REPORT FOR THE HEARING AND FURTHER TO THE HEARING ON 29 JANUARY 1987,

AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 29 JANUARY 1987,

GIVES THE FOLLOWING

JUDGMENT

Grounds

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 15 JANUARY 1986 THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE LAWS, REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 80/1263 OF 4 DECEMBER 1980 ON THE INTRODUCTION OF A COMMUNITY DRIVING LICENCE ( OFFICIAL JOURNAL L*375, P . 1 ) THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .

2 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR THE PROVISIONS OF THE DIRECTIVE AT ISSUE AND THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .

3 THE COMMISSION HAS REFERRED IN PARTICULAR TO THE REQUIREMENTS OF ARTICLE 6 ( 1 ) OF THE DIRECTIVE ACCORDING TO WHICH A DRIVING LICENCE IS TO BE ISSUED ONLY TO THOSE WHO HAVE PASSED A PRACTICAL AND THEORETICAL TEST AND MEET MEDICAL STANDARDS .

4 THE KINGDOM OF BELGIUM DOES NOT DENY THE FAILURE ALLEGED BUT CITED AT THE HEARING SLOWNESS OF THE ADMINISTRATIVE PROCESS AND PRACTICAL DIFFICULTIES WHICH, ACCORDING TO IT, ACCOUNT FOR THE DELAY IN IMPLEMENTING THE DIRECTIVE .

5 THE COURT HAS CONSISTENTLY HELD THAT A MEMBER STATE MAY NOT RELY ON PROVISIONS, PRACTICES OR SITUATIONS IN ITS NATIONAL LEGAL SYSTEM IN ORDER TO JUSTIFY FAILURE TO COMPLY WITH THE OBLIGATIONS AND TIME-LIMITS LAID DOWN BY DIRECTIVES .

6 IT FOLLOWS FROM THE AFOREGOING THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE LAWS, REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 80/1263 OF 4 DECEMBER 1980 ON THE INTRODUCTION OF A COMMUNITY DRIVING LICENCE, THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .

Decision on costs

COSTS

7 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS IS TO BE ORDERED TO PAY THE COSTS . SINCE THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS IT MUST BE ORDERED TO PAY THE COSTS .

Operative part

ON THOSE GROUNDS

THE COURT

HEREBY :

( 1 ) DECLARES THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE LAWS, REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 80/1263 OF 4 DECEMBER 1980 ON THE INTRODUCTION OF A COMMUNITY DRIVING LICENCE, THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY;

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