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Judgment of the Court (Third Chamber) of 13 March 2008.#Commission of the European Communities v Kingdom of Belgium.#Failure of a Member State to fulfil obligations - Articles 28 EC and 30 EC - Measures having equivalent effect - Construction products - Directive 89/106/EEC - Absence of harmonised standards - National marks of conformity - Presumption of conformity.#Case C-227/06.
ECLI:EU:C:2008:160
62006CJ0227
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Commission v Belgium
(Case C‑227/06)
Failure of a Member State to fulfil obligations – Articles 28 EC and 30 EC – Measures having equivalent effect – Construction products – Directive 89/106/EEC – Absence of harmonised standards – National marks of conformity – Presumption of conformity
Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Arts 28 EC and 30 EC) (see paras 52-69, operative part)
Re:
Failure of a Member State to fulfil obligations – Infringement of Articles 28 EC and 30 EC – National law imposing a
de facto
obligation for economic operators wishing to market in Belgium construction products lawfully produced and/or marketed in another Member State to obtain Belgian marks of conformity in order to market those products in Belgium.
Operative part
The Court:
1.Declares that, by encouraging economic operators wishing to market in Belgium construction products lawfully manufactured and/or marketed in another Member State to obtain Belgian marks of conformity, the Kingdom of Belgium has failed to fulfil its obligations under Articles 28 EC and 30 EC;
2.Orders the Kingdom of Belgium to pay the costs.