Keywords
Summary

Keywords

1. Member States - Obligations - Implementation of directives - Failure to fulfil obligations - Justification - Not permissible

(Art. 226 EC)

2. Actions for failure to fulfil obligations - Commission's right of action - Right exercised at the Commission's discretion

(Art. 226 EC)

3. Member States - Obligations - Implementation of directives - Failure to fulfil obligations - Provision in a directive allowing Member States to request an extension of the period prescribed for implementation - Justification based on failure by the Commission to state the reasons for refusing to extend that period - Not permissible

(Art. 226 EC)

Summary

1. A Member State may not plead situations in its internal legal order, including those resulting from its federal organisation, in order to justify a failure to comply with the obligations and time-limits laid down in a directive.

( see para. 23 )

2. Under the system established by Article 226 EC the Commission enjoys a discretionary power as to whether it will bring an action for failure to fulfil obligations and it is not for the Court to judge whether that discretion was wisely exercised.

( see para. 28 )

3. Failure by a Member State to comply with the obligations laid down in a directive is not justified by the fact that the Commission failed to state the reasons for refusing to extend the period for implementation prescribed in the directive, even though the directive allows the national authorities to submit a request to the Commission for an extension of that period.

( see paras 31-32 )