EUR-Lex -  61986CC0134 - EN - Opinion of Mr Advocate General Mischo delivered on 25 March 1987. - Commission of the European Communities v Kingdom of Belgium. - Methods of testing the biodegradability of surfactants - Implementation of certain directiaves in national law. - Case 134/86.

Opinion of the Advocate-General

++++

Mr President,

Members of the Court,

1 . Since no fresh facts or arguments were raised at the hearing, I may be very brief .

2 . It is common ground that the Kingdom of Belgium has not yet adopted the laws, regulations and administrative provisions necessary for compliance with the two directives in question on the approximation of the laws of the Member States relating to methods of testing the biodegradability of non-ionic and anionic surfactants, although the prescribed period for their implementation expired on 8 October 1983 .

3 . While quite understanding the reasons put forward by the Belgian Government to explain that delay, I can but reiterate what the Court has consistently held in such situations : "a Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with obligations and time-limits laid down by directives" ( see, most recently, the judgment of 12 March 1987 in Case 9/86 Commission v Belgium (( 1987 )), paragraph 5 ).

4 . I therefore suggest that the Court should allow the Commission' s application, declare that the Kingdom of Belgium has failed to fulfil the obligations in question and order it to pay the costs .

(*) Translated from the French .

Full & Egal Universal Law Academy