Action brought on 25 September 2017 - European Commission v Kingdom of Belgium

Case C-564/17

Nov 22, 2017

The European Commission has referred Belgium to the European Court of Justice for failing to fully implement the Single Permit Directive (Directive 2011/98/EU). The first referral dated 19 November 2015 was put on hold in April 2016.

The Commission proposes that the Kingdom of Belgium be ordered to pay pursuant to Article 260(3) TFEU, a penalty payment of EUR 70 828,80 per day from the date on which judgment is delivered.

Belgium will most likely adopt the national measures required to transpose the obligations under the directive before a judgment will be delivered.

However, once the judicial stage initiated the Commission remains entitled to judgment even if Belgium has complied. One of the reasons why the Commission may continue with the action is to establish the liability and provide the basis for claims by individuals [Commission v Greece (1988)].

Tanel Feldman

Managing Partner, Immigration Law Associates

Corporate Immigration Law/Employment Law/Social Security Law/European Law

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