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Opinion of Mr Advocate General Darmon delivered on 12 July 1994. # Commission of the European Communities v Kingdom of Belgium. # Failure to fulfil obligations - Directive 90/167/EEC - Conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community. # Case C-65/94.
ECLI:EU:C:1994:287
61994CC0065
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Important legal notice
61994C0065
European Court reports 1994 Page I-04627
Opinion of the Advocate-General
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Mr President, Members of the Court, 1. By application lodged at the Court Registry on 15 February 1994, the Commission of the European Communities applied pursuant to Article 169 of the EC Treaty for a declaration by the Court that, by failing to bring into force the laws, regulations and administrative provisions necessary in order to comply with Council Directive No 90/167/EEC (1) (apart from Article 11(2)) and/or by failing to communicate them to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under Article 15 of the said directive and Articles 5 and 189 of the EC Treaty.
3. Article 15 of the aforementioned directive provides:
"Member States shall bring into force the laws, regulations and administrative provisions necessary to comply ° with the requirements of Article 11(2) on the date on which they must conform with the Community rules on the protection of feedingstuffs against pathogenic agents, but at the latest by 31 December 1992, ° before 1 October 1991, with the other provisions of this Directive. They shall forthwith inform the Commission thereof."
° declare that, by failing to bring into force the laws, regulations and administrative provisions necessary in order to comply with Council Directive No 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community (apart from Article 11(2)), the Kingdom of Belgium has failed to fulfil its obligations under Article 189 of the EEC Treaty and Article 15(1), second indent, of the aforesaid directive;
° order the defendant to pay the costs.
(*) Original language: French.
(1) ° Council Directive of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community (OJ 1990 L 92, p. 42).
(2) ° Judgments in Case C-378/92 Commission v Spain [1993] ECR I-5095 and Case C-303/93 Commission v Italy (18 May 1994, not yet published in the European Court Reports, paragraph 7). See in that regard M. Blanquet: La conception de l' article 5, lex generalis inopérante , in L' article 5 du Traité CEE ° Recherche sur les obligations de fidélité des Etats membres de la Communauté, LGDJ, 1994, p. 281.