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 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.#Case C-227/06.

Subject of the case

Re:

Failure of a Member State to fulfil 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

Operative part

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.