Avis juridique important

61981J0072

European Court reports 1982 Page 00183

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES IN ITS INTERNAL LEGAL SYSTEM TO JUSTIFY FAILURE TO COMPLY WITH OBLIGATIONS UNDER COMMUNITY DIRECTIVES .

Parties

IN CASE 72/81

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , RENE-CHRISTIAN BERAUD , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , A MEMBER OF THE LEGAL DEPARTMENT OF THE COMMISSION , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

KINGDOM OF BELGIUM REPRESENTED BY ROBERT HOEBAER , A DIRECTOR IN THE MINISTRY FOR FOREIGN AFFAIRS , FOREIGN TRADE AND COOPERATION AND DEVELOPMENT , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE BELGIAN EMBASSY ,

DEFENDANT ,

Subject of the case

APPLICATION FOR A DECLARATION THAT BY NOT IMPLEMENTING , WITHIN THE PRESCRIBED PERIOD COUNCIL DIRECTIVE 76/160/EEC OF 8 DECEMBER 1975 CONCERNING THE QUALITY OF BATHING WATER ( OFFICIAL JOURNAL L 31 OF 5 FEBRUARY 1976 , P . 1 ), THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ,

Grounds

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 6 APRIL 1981 THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION FOR A DECLARATION UNDER ARTICLE 169 OF THE EEC TREATY THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 76/160/EEC OF 8 DECEMBER 1975 CONCERNING THE QUALITY OF BATHING WATER ( OFFICIAL JOURNAL L 31 , 5 FEBRUARY 1976 , P . 1 ), THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE THIRD PARAGRAPH OF ARTICLE 189 OF THE TREATY .

2 ARTICLE 12 OF THE DIRECTIVE PROVIDES THAT MEMBER STATES ARE TO BRING INTO FORCE THE MEASURES NEEDED TO COMPLY THEREWITH WITHIN TWO YEARS OF ITS NOTIFICATION ; THAT PERIOD EXPIRED IN THIS CASE ON 10 DECEMBER 1977 .

3 THE BELGIAN GOVERNMENT DOES NOT DENY THAT IT HAS NOT FULFILLED THAT OBLIGATION . ALTHOUGH THE BELGIAN GOVERNMENT ASKED THE COURT ' ' TO TAKE NOTE THAT THE DIRECTIVE IN QUESTION HAS ALREADY BEEN THE SUBJECT OF MEASURES IMPLEMENTING IT IN PART ' ' , IT IS CLEAR FROM THE PARTICULARS SUBSEQUENTLY GIVEN BY THAT GOVERNMENT THAT THE MEASURES WHICH IT HAS ADOPTED ARE NOT DESIGNED TO IMPLEMENT COUNCIL DIRECTIVE 76/160/EEC .

4 ESSENTIALLY , THE BELGIAN GOVERNMENT JUSTIFIES ITS FAILURE BY THE FACT THAT IMPORTANT INSTITUTIONAL REFORMS CONCERNING THE REDISTRIBUTION OF POWERS AND RESPONSIBILITIES BETWEEN THE NATIONAL AND REGIONAL INSTITUTIONS ARE IN PROGRESS , ESPECIALLY IN THE AREA COVERED BY THE DIRECTIVE IN QUESTION . SO LONG AS THE NEW INSTITUTIONS ARE NOT YET IN A POSITION TO EXERCISE THEIR POWERS IT WILL NOT BE POSSIBLE , ACCORDING TO THE BELGIAN GOVERNMENT , TO IMPLEMENT THE DIRECTIVE .

5 ALTHOUGH THOSE CIRCUMSTANCES MAY EXPLAIN THE DIFFICULTY IN APPLYING THE DIRECTIVE THEY DO NOT EXPUNGE THE FAILURE OF THE KINGDOM OF BELGIUM TO FULFIL ITS OBLIGATIONS . ACCORDING TO ESTABLISHED CASE-LAW OF THE COURT A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES IN ITS INTERNAL LEGAL SYSTEM TO JUSTIFY FAILURE TO COMPLY WITH OBLIGATIONS UNDER COMMUNITY DIRECTIVES .

6 IT SHOULD ALSO BE POINTED OUT THAT , IN ORDER THAT THE EXCEPTIONAL SITUATION REFERRED TO BY HIS GOVERNMENT SHOULD BE TAKEN INTO ACCOUNT , THE BELGIAN MINISTER FOR PUBLIC HEALTH AND THE ENVIRONMENT , IN ANSWER TO THE REASONED OPINION PROVIDED FOR IN THE FIRST PARAGRAPH OF ARTICLE 169 OF THE TREATY , REQUESTED THE COMMISSION ON 14 NOVEMBER 1979 TO GRANT TO THE KINGDOM OF BELGIUM AN ADDITIONAL PERIOD OF ONE YEAR TO ADOPT THE MEASURES OF NATIONAL LAW NEEDED TO IMPLEMENT THE DIRECTIVES . THESE MEASURES OUGHT TO HAVE ENTERED INTO FORCE IN DECEMBER 1977 , AND IN FACT IT WAS ONLY ON 6 APRIL 1981 THAT THE COMMISSION BROUGHT THE MATTER BEFORE THE COURT UNDER THE SECOND PARAGRAPH OF ARTICLE 169 OF THE TREATY .

7 IT MUST THEREFORE BE HELD THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE 76/160/EEC OF 8 DECEMBER 1975 , THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .

Decision on costs

COSTS

8 ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR . SINCE THE DEFENDANT HAS BEEN UNSUCCESSFUL , IT MUST BE ORDERED TO PAY THE COSTS .

Operative part

ON THOSE GROUNDS ,

HEREBY :

1 . DECLARES THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE 76/160/EEC OF 8 DECEMBER 1975 CONCERNING THE QUALITY OF BATHING WATER ( OFFICIAL JOURNAL L 31 OF 5 FEBRUARY 1976 , P . 1 ), THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ;