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Judgment of the Court of 16 May 1991. # Commission of the European Communities v Kingdom of Belgium. # Failure to implement a directive - Mutual recognition of diplomas and coordination in the field of pharmacy. # Case C-167/90.
ECLI:EU:C:1991:217
61990CJ0167
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61990J0167
European Court reports 1991 Page I-02535 Pub.RJ Page Pub somm
Summary
2. Measures adopted by the Community institutions - Directives - Implementation by the Member States - Inadequacy of mere administrative practices (EEC Treaty, third paragraph of Art. 189)
Parties
In Case C-167/90, Commission of the European Communities, represented by Étienne Lasnet, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of Guido Berardis, a member of the Commission' s Legal Department, Wagner Centre, Kirchberg, applicant, v Kingdom of Belgium, represented by Jan Devadder, Deputy Adviser to the Ministry of Foreign Affairs, Foreign Trade and Development Cooperation, 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 reserving the exercise of the activities of qualified pharmacists and of all pharmacists attached to hospital pharmacies or medical depositories to persons holding a diploma in hospital pharmacy, contrary to Article 1 of Council Directive 85/432/EEC of 16 September 1985 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy (Official Journal L 253, p. 34), and by failing to notify or to adopt before 1 October 1987, with the exception of the measures provided for in Articles 15 and 17, the measures necessary to comply with Council Directive 85/433/EEC of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy (Official Journal L 253, p. 37), amended by Council Directive 85/584/EEC of 20 December 1985 (Official Journal L 372, p. 42) on account of the accession of Spain and Portugal, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty, THE COURT, composed of: O. Due, President, G.F. Mancini, T.F. O' Higgins and G.C. Rodríguez Iglesias (Presidents of Chambers), Sir Gordon Slynn, R. Joliet, F.A. Schockweiler, F. Grévisse and M. Zuleeg, Judges, (The grounds of the judgment are not reproduced.) hereby: