Keywords
Summary

Keywords

1. Acts of the institutions - Directives - Implementation by the Member States - Directive intended to confer rights on individuals - Requirements of clarity and legal certainty - Whether such directives may be transposed into national law without legislative action - Not permissible - Implementation by administrative practices - Insufficient

(EC Treaty, Art. 189 (now Art. 249 EC))

2. Actions for failure to fulfil obligations - Examination of the merits by the Court - Alleged failure to fulfil obligations having no adverse consequences - Irrelevant

(EC Treaty, Art. 169 (now Art. 226 EC))

3. Actions for failure to fulfil obligations - Examination of the merits by the Court - Situation to be taken into account - Situation at the end of the period laid down in the reasoned opinion

(EC Treaty, Art. 169 (now Art. 226 EC))

4. Member States - Obligations - Obligation to penalise infringements of Community law - Scope

(EC Treaty, Art. 5 (now Art. 10 EC))

Summary

1. Each Member State is bound to implement the provisions of directives in a manner that fully meets the requirements of clarity and certainty in legal situations imposed by the Community legislature, in the interests of the persons concerned established in the Member States. To that end, the provisions of a directive must be implemented with unquestionable legal certainty and with the requisite specificity, precision and clarity.

Thus, mere administrative practices, which by their nature can be changed as and when the authorities please and which are not publicised widely enough cannot be regarded as a proper fulfilment of the obligation imposed on Member States to which the directives are addressed.

( see paras 27-28 )

2. Since failure to comply with an obligation imposed by a rule of Community law is itself sufficient to constitute a breach, the fact that such a failure had no adverse effects is irrelevant.

( see para. 34 )

3. In an action under Article 169 of the Treaty (now Article 226 EC), the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and the Court cannot take account of any subsequent changes.

( see para. 45 )

4. Where a Community regulation does not specifically provide for any penalty for an infringement or refers for that purpose to national laws, regulations and administrative provisions, Article 5 of the Treaty (now Article 10 EC) requires the Member States to take all measures necessary to guarantee the application and effectiveness of Community law. For that purpose, while the choice of penalties remains within their discretion, they must ensure in particular that infringements of Community law are penalised under conditions, both procedural and substantive, which are analogous to those applicable to infringements of national law of a similar nature and importance and which, in any event, make the penalty effective, proportionate and dissuasive.

( see para. 46 )