Keywords
Summary

Keywords

1 . ACTION FOR FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - PROOF OF FAILURE - NON-COMPLIANCE WITH THE OBLIGATION TO PROVIDE INFORMATION IMPOSED BY A DIRECTIVE - PRESUMPTION OF NON-IMPLEMENTATION OF THE DIRECTIVE - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

2 . MEASURES ADOPTED BY THE INSTITUTION - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATE - ADOPTION OF BINDING NATIONAL PROVISIONS - IMPLEMENTATION BY WAY OF ADMINISTRATIVE PRACTICES - INADEQUACY

( EEC TREATY , ART . 169 )

Summary

1 . IN PROCEEDINGS UNDER ARTICLE 169 OF THE EEC TREATY FOR FAILURE TO FULFIL AN OBLIGATION IT IS INCUMBENT UPON THE COMMISSION TO PROVE THE ALLEGATION THAT THE OBLIGATION HAS NOT BEEN FULFILLED . IT IS THE COMMISSION ' S RESPONSIBILITY TO PLACE BEFORE THE COURT THE INFORMATION NEEDED TO ENABLE THE COURT TO ESTABLISH THAT THE OBLIGATION HAS NOT BEEN FULFILLED , AND IN DOING SO THE COMMISSION MAY NOT RELY ON ANY PRESUMPTION .

IF A DIRECTIVE IMPOSES ON THE MEMBER STATES THE OBLIGATION TO INFORM THE COMMISSION ABOUT THE BRINGING INTO FORCE OF THE NATIONAL PROVISIONS NEEDED TO COMPLY WITH THE DIRECTIVE , THE FAILURE OF A MEMBER STATE TO FULFIL THAT OBLIGATION , WHETHER BY PROVIDING NO INFORMATION AT ALL OR BY PROVIDING INSUFFICIENTLY CLEAR AND PRECISE INFORMATION , MAY OF ITSELF JUSTIFY RECOURSE TO THE PROCEDURE UNDER ARTICLE 169 OF THE EEC TREATY IN ORDER TO ESTABLISH THE FAILURE TO FULFIL THE OBLIGATION , BUT IT DOES NOT ENTITLE THE COMMISSION TO PRESUME THAT THE OBLIGATION TO BRING INTO FORCE THE MEASURES FOR IMPLEMENTING THE DIRECTIVE HAS NOT BEEN FULFILLED .

2 . ALTHOUGH EACH MEMBER STATE IS FREE TO DELEGATE POWERS TO ITS DOMESTIC AUTHORITIES AS IT CONSIDERS FIT AND TO IMPLEMENT THE DIRECTIVE BY MEANS OF MEASURES ADOPTED BY REGIONAL OR LOCAL AUTHORITIES , IT MAY NOT HOWEVER BE RELEASED FROM THE OBLIGATION TO GIVE EFFECT TO THE PROVISIONS OF THE DIRECTIVE BY MEANS OF NATIONAL PROVISIONS OF A BINDING NATURE . MERE ADMINISTRATIVE PRACTICES , WHICH BY THEIR NATURE MAY BE ALTERED AT THE WHIM OF THE ADMINISTRATION , MAY NOT BE CONSIDERED AS CONSTITUTING THE PROPER FULFILMENT OF THE OBLIGATION DERIVING FROM THE DIRECTIVE IN QUESTION .