Commission of the European Communities v Kingdom of Belgium (9/86)

Contents

Judgment of the Court12 March 1987^noteIn Case 9/86Commission of the European Communities, represented by its Legal Adviser, J. Amphoux, acting as Agent, with an address for service in Luxembourg at the Chambers of G. Kremlis, a Member of its Legal Department, Jean Monnet Building, Kirchberg,vKingdom of Belgium, in the person of the Minister for Foreign Relations, represented by R. Hoebaer, Director at the Ministry of Foreign Affairs, External Trade and Cooperation with Developing Countries, acting as Agent, with an address for service in Luxembourg at the Belgian Embassy, 4 rue des Girondins,THE COURTcomposed of: Lord Mackenzie Stuart, President, T. F. O'Higgins and F. Schockweiler (Presidents of Chambers), G. Bosco, T. Koopmans, K. Bahlmann and R. Joliét, Judges,Advocate General: C. O. LenzRegistrar: D. Louterman, Administratorhaving regard to the Report for the Hearing and further to the hearing on 29 January 1987,after hearing the Opinion of the Advocate General delivered at the sitting on 29 January 1987,gives the following

Judgment

1By application lodged at the Court Registry on 15 January 1986 the Commission of the European Communities brought an action under Article 169 of the EEC Treaty for a declaration that by failing to adopt within the prescribed period the laws, regulations or administrative provisions necessary in order to comply with Council Directive 80/1263 of 4 December 1980 on the introduction of a Community driving licence (Official Journal L 375, p. 1) the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty.

2Reference is made to the Report for the Hearing for the provisions of the directive at issue and the submissions and arguments of the parties, which are mentioned hereinafter only in so far as is necessary for the reasoning of the Court.

3The Commission has referred in particular to the requirements of Article 6 (1) of the directive according to which a driving licence is to be issued only to those who have passed a practical and theoretical test and meet medical standards.

4The Kingdom of Belgium does not deny the failure alleged but cited at the hearing slowness of the administrative process and practical difficulties which, according to it, account for the delay in implementing the directive.

5The Court has consistently held that a Member State may not rely on provisions, practices or situations in its national legal system in order to justify failure to comply with the obligations and time-limits laid down by directives.

6It follows from the aforegoing that by failing to adopt within the prescribed period the laws, regulations or administrative provisions necessary in order to comply with Council Directive 80/1263 of 4 December 1980 on the introduction of a Community driving licence, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty.

Costs

7Under Article 69 (2) of the Rules of Procedure the unsuccessful party is is to be ordered to pay the costs. Since the defendant has failed in its submissions it must be ordered to pay the costs.

Operative part

On those grounds,THE COURThereby:

(1).Declares that by failing to adopt within the prescribed period the laws, regulations or administrative provisions necessary in order to comply with Council Directive 80/1263 of 4 December 1980 on the introduction of a Community driving licence, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty;

(2).Orders the Kingdom of Belgium to pay the costs.

Delivered in open court in Luxembourg on 12 March 1987.