Keywords
Summary

Keywords

1 Actions for failure to fulfil obligations - Objective nature - Reason for the failure to fulfil obligations - No effect

(EC Treaty, Art. 169)

2 Acts of the institutions - Directives - Delays in implementation - Extension of time-limit which has proven insufficient - Procedure

(EC Treaty, Art. 189, para. 3)

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

(EC Treaty, Art. 169)

4 Actions for failure to fulfil obligations - Measures adopted by the Member State concerned after proceedings have been commenced - Not relevant

(EC Treaty, Art. 169)

Summary

1 The procedure laid down in Article 169 of the Treaty is based on the objective finding that a Member State has failed to fulfil its obligations under the Treaty or secondary legislation. When such a finding has been made it is irrelevant whether the failure to fulfil obligations is the result of intention or negligence on the part of the Member State responsible, or of technical difficulties encountered by it.

2 If the period allowed to a Member State for the implementation of a directive proves to be too short, the only means of action compatible with Community law available to the Member State concerned consists in taking the appropriate initiatives within the Community in order to obtain the necessary extension of the period by the competent Community institution.

3 A Member State may not plead provisions and practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive.

4 In the context of an action for failure to fulfil obligations, the Court cannot take account of measures adopted by the Member State concerned after the commencement of the action in order to comply with those obligations.