Judgment of the Court (Sixth Chamber) of 27 October 2011 – Commission v Poland

(Case C-311/10)

Failure of a Member State to fulfil obligations – Directive 2007/46/EC – Approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles – Failure to transpose within the period prescribed – Incomplete transposition

1.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Defence based on difficulties of interpretation – Not permissible (Art. 258 TFEU) (see para. 16)

2.                     Union law – Interpretation – Texts in several languages – Differences between the various language versions – General scheme and aims of the legislation in question taken into consideration (see para. 18)

3.                     Acts of the institutions – Directives – Implementation by Member States – Necessity of clear and precise transposition – Possible subsequent amendment to the annexes governing the technical aspects of and the implementing rules for the directive – No effect on the obligation to transpose the directive (Art. 288, third para., TFEU) (see paras 24-25, 77)

4.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on the Commission – Presumptions – Not permissible – Failure to fulfil the obligation to inform placed on the Member States by the directive – Consequences (Art. 4(3) TFEU; Arts 17 TFEU and 258 TFEU) (see paras 30, 32-33, 52)

5.                     Acts of the institutions – Directives – Implementation by Member States – Transposition of a directive without legislative action – Conditions – Existence of a general legal context ensuring the full application of the directive (Art. 288, third para., TFEU) (see paras 40, 47)

6.                     Acts of the institutions – Directives – Implementation by Member States – Necessity of full transposition into national law (Art. 288, third para., TFEU) (see paras 48, 50)

Re:

Operative part

The Court: