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Case C-227/06: 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 its 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)
ECLI:EU:UNKNOWN:62006CA0227
62006CA0227
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Official Journal of the European Union
C 116/4
(Case C-227/06)
(Failure of a Member State to fulfil its 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)
(2008/C 116/07)
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: B. Schima and B. Stromsky, acting as Agents)
Defendant: Kingdom of Belgium (represented by: M. Wimmer, A. Hubert, L. Van den Broeck, acting as Agents, and F. de Montpellier and G. Block, lawyers)
Re:
Failure of a Member State to fulfil its 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 of the judgment
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.
* * *
(1) OJ C 165, 15.7.2006.