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Document 61979CJ0102

Summary of the Judgment

Judgment of the Court of 6 May 1980.
Commission of the European Communities v Kingdom of Belgium.
Non-implementation of directives on theharmonization of laws relating to motor vehicles and tractors.
Case 102/79.

Keywords
Summary

Keywords

1 . ACTS OF THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY MEMBER STATES - REQUIREMENTS OF LEGAL CLARITY AND CERTAINTY - IMPLEMENTATION BY MEANS OF ADMINISTRATIVE PRACTICES - INSUFFICIENCY

( EEC TREATY , ART . 189 )

2 . ACTS OF THE INSTITUTIONS - DIRECTIVES - RIGHT OF PARTIES CONCERNED TO RELY ON DIRECTIVES IN THE ABSENCE OF ADEQUATE MEASURES OF IMPLEMENTATION - EFFECT NOT FREEING MEMBER STATES FROM THEIR OBLIGATION TO IMPLEMENT DIRECTIVES

( EEC TREATY , ART . 189 )

3 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - INADMISSIBILITY

( EEC TREATY , ART . 169 )

Summary

1 . IT IS ESSENTIAL THAT EACH MEMBER STATE SHOULD IMPLEMENT DIRECTIVES IN A WAY WHICH FULLY MEETS THE REQUIREMENTS OF CLARITY AND CERTAINTY IN LEGAL SITUATIONS WHICH DIRECTIVES SEEK FOR THE BENEFIT OF TRADERS ESTABLISHED IN OTHER MEMBER STATES . MERE ADMINISTRATIVE PRACTICES , WHICH BY THEIR NATURE CAN BE CHANGED AS AND WHEN THE AUTHORITIES PLEASE AND WHICH ARE NOT PUBLICIZED WIDELY ENOUGH , CANNOT BE REGARDED AS A PROPER FULFILMENT OF THE OBLIGATION IMPOSED BY ARTICLE 109 OF THE EEC TREATY ON MEMBER STATES TO WHICH THE DIRECTIVES ARE ADDRESSED .

2 . THE EFFECT OF THE THIRD PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY IS THAT COMMUNITY DIRECTIVES MUST BE IMPLEMENTED BY APPROPRIATE IM- PLEMENTING MEASURES CARRIED OUT BY THE MEMBER STATES . ONLY IN SPECIFIC CIRCUMSTANCES , IN PARTICULAR WHERE A MEMBER STATE HAS FAILED TO TAKE THE IMPLEMENTING MEASURES REQUIRED OR HAS ADOPTED MEASURES WHICH DO NOT CONFORM TO A DIRECTIVE , HAS THE COURT OF JUSTICE RECOGNIZED THE RIGHT OF PERSONS AFFECTED THEREBY TO RELY IN LAW ON A DIRECTIVE AS AGAINST A DEFAULTING MEMBER STATE . THIS MINIMUM GUARANTEE ARISING FROM THE BINDING NATURE OF THE OBLIGATION IMPOSED ON THE MEMBER STATES BY THE EFFECT OF THE DIRECTIVES UNDER THE THIRD PARAGRAPH OF ARTICLE 189 CANNOT JUSTIFY A MEMBER STATE ' S ABSOLVING ITSELF FROM TAKING IN DUE TIME IMPLEMENTING MEASURES SUFFICIENT TO MEET THE PURPOSE OF EACH DIRECTIVE .

3 . A MEMBER STATE CANNOT RELY UPON DOMESTIC DIFFICULTIES OR PROVISIONS OF ITS NATIONAL LEGAL SYSTEM , EVEN ITS CONSTITUTIONAL SYSTEM , FOR THE PURPOSE OF JUSTIFYING A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS CONTAINED IN COMMUNITY DIRECTIVES .

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