De Commissie daagt België voor Hof van Justitie voor schending verplichtingen betreffende Europese scholen (en)

Today the European Commission has decided to take Belgium to the Court of Justice for its refusal, since 1995, to bear the initial costs of furniture and teaching equipment at certain European schools in Brussels.

The decision to bring proceedings is based on Article 10 of the EC Treaty, which requires Member States to ensure fulfilment of their obligations arising out of the Treaty or resulting from action taken by the institutions of the Community.

Belgium’s obligation to bear the costs in question arises out of the Convention defining the Statute of the European Schools and the Establishment Agreement signed in 1962 between Belgium and the Board of Governors of the European Schools. Furthermore, an opinion issued by the Belgian Court of Auditors in 1997 confirmed that Belgian law provides for the granting to each European school of an allocation to cover among other things furniture which is not incorporated into school buildings (chairs, tables, etc.) and the purchase of teaching equipment (e.g. blackboards).

From 1995 to 2006 the Belgian authorities regularly stated their willingness to pay the debt owed in respect of the equipment, whilst simultaneously pointing to internal difficulties linked to the federalisation of education. However, in a letter of 30 October 2006, the Belgian Government changed its position and notified its refusal to bear these costs on the grounds that the respective legislation of the Flemish and French Communities governing their own schools provided solely for the financing of initial fixtures.

After several attempts at conciliation, the Commission launched infringement proceedings in 2007. Throughout the proceedings Belgium rejected the Commission’s arguments.

With regard to the provision of buildings infrastructure, the Commission has taken due note of the Belgian authorities’ firm intention to respect the date of July 2012 announced for the opening of the fourth European school in Brussels, in Laeken, which was initially scheduled for September 2009/September 2010.

As part of the ongoing discussions concerning the reform of the European schools, the Commission has repeatedly invited the Belgian authorities to participate in a pilot project designed to offer the European Baccalaureate in local schools. In its view, this move represents a twofold opportunity for the Belgian State, both in terms of infrastructure and in terms of broadening the scope of education, by making it possible to deliver a European curriculum to a greater number of pupils.

Background

The system of European schools was created by an intergovernmental Convention. Specific establishment agreements define the obligations of host countries in respect of the European schools established on their territory.