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Opinion of Mr Advocate General Mischo delivered on 6 December 1990. # Commission of the European Communities v Kingdom of Belgium. # Failure to comply with Directive 76/491/EEC - Repeated failure to fulfil obligations - Article 5 of the EEC Treaty. # Case C-374/89.
ECLI:EU:C:1990:446
61989CC0374
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Important legal notice
61989C0374
European Court reports 1991 Page I-00367
Opinion of the Advocate-General
Mr President, Members of the Court, 1. The primary purpose of this action is to obtain a declaration that the defendant has infringed Article 1 of Council Directive 76/491/EEC of 4 May 1976 regarding a Community procedure for information and consultation on the prices of crude oil and petroleum products in the Community (OJ 1976 L 140, p. 4).
2. The Commission submits that between the fourth quarter of 1980 and the third quarter of 1986 the Belgian authorities repeatedly failed to communicate to it, within the prescribed time-limits, all the information required by Article 1 of Directive 76/491. The same failure recurred from the end of 1988 onwards. Since the allegation is not denied by the Belgian Government, it is clear that it failed to fulfil its obligations under that directive.
(*) Translated from the French.
(1). Judgment in Case C-48/89 Commission v Italy [1990] ECR I-2425, paragraph 14.
(2). See in particular the judgments in Case 230/81 Luxembourg v Parliament [1983] ECR 255 and Case 44/84 Hurd v Jones [1986] ECR 29.
(3). See the judgments in Case 272/86 Commission v Greece [1988] ECR 4875 and Case 35/88 Commission v Greece [1990] ECR I-3125.
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