Keywords
Summary

Keywords

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Member States - Obligations - Implementation of directives - Failure - Justification based on delay in transposing earlier, related directive - Not permissible

(EEC Treaty, Art. 169)

Summary

If a directive has not been transposed into national law by a Member State within the period allowed, a claim of failure to fulfil obligations in that respect must be regarded as well founded. Failure to transpose cannot be justified by the delay in implementing an earlier directive, linked to the one at issue, which ought itself to have been transposed before the end of the said period.