Keywords
Summary

Keywords

1 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - PARTIAL IMPLEMENTATION - FAILURE TO FULFIL

( EEC TREATY , ART . 169 )

2 . MEASURES ADOPTED BY INSTITUTIONS - LEGAL NATURE - DECISIONS AND DIRECTIVES - TREATMENT AS INTERNATIONAL AGREEMENT - NOT PERMISSIBLE

( EEC TREATY , ART . 189 )

3 . HARMONIZATION OF LAWS - PROTECTION OF THE ENVIRONMENT - LEGAL BASIS OF DIRECTIVES - ARTICLE 100 OF THE TREATY - PERMISSIBILITY

( EEC TREATY , ART . 100 )

4 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL - JUSTIFICATION - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

Summary

1 . MEMBER STATES ARE OBLIGED TO ENSURE THE FULL AND EXACT APPLICATION OF THE PROVISIONS OF ANY DIRECTIVE . CONSEQUENTLY THERE IS A FAILURE ON THE PART OF THE MEMBER STATE CONCERNED TO FULFIL ITS OBLIGATIONS SO LONG AS IT HAS NOT COMPLETELY COMPLIED WITH A DIRECTIVE EVEN IF IT HAS TO A LARGE EXTENT ALREADY SECURED THE OBJECTIVES OF THE DIRECTIVE .

2 . A MEASURE WHICH HAS THE FEATURES OF A COMMUNITY DECISION OR DIRECTIVE WHEN VIEWED IN THE LIGHT OF ITS OBJECTIVE AND THE INSTITUTIONAL FRAMEWORK WITHIN WHICH IT HAS BEEN DRAWN UP CANNOT BE DESCRIBED AS AN ' ' INTERNATIONAL AGREEMENT ' ' .

3 . DIRECTIVES ON THE ENVIRONMENT MAY BE BASED UPON ARTICLE 100 OF THE TREATY SINCE PROVISIONS WHICH ARE MADE NECESSARY BY CONSIDERATIONS RELATING TO THE ENVIRONMENT AND HEALTH MAY BE A BURDEN UPON THE UNDERTAKINGS TO WHICH THEY APPLY AND IF THERE IS NO HARMONIZATION OF NATIONAL PROVISIONS ON THE MATTER COMPETITION MAY BE APPRECIABLY DISTORTED .

4 . A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .