Keywords
Summary

Keywords

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1. Measures adopted by the Community institutions - Directives - Direct effect - Consequences - Possibility of putting forward as against individuals national rules on time-limits for initiating proceedings before a directive has been properly transposed - Not permissible

(EEC Treaty, Art. 189, third paragraph)

2. Social policy - Equal treatment of men and women in matters of social security - Directive 79/7 - Application of national rules governing time-limits for initiating proceedings before a directive is properly transposed - Not permissible

(EEC Treaty, Art. 189; Council Directive 79/7)

Summary

1. So long as a directive has not been properly transposed into national law, individuals are unable to ascertain the full extent of their rights. That state of uncertainty for individuals subsists even after the Court has delivered a judgment finding that the Member State in question has not fulfilled its obligations under the directive and even if the Court has held that a particular provision or provisions of the directive are sufficiently precise and unconditional to be relied upon before a national court.

Only the proper transposition of the directive will bring that state of uncertainty to an end and it is only upon that transposition that the legal certainty which must exist if individuals are to be required to assert their rights is created.

It follows that, until such time as a directive has been properly transposed, a defaulting Member State may not rely on an individual' s delay in initiating proceedings against it in order to protect rights conferred upon him by the provisions of the directive and that a period laid down by national law within which proceedings must be initiated cannot begin to run before that time.

2. Community law precludes the competent authorities of a Member State from relying, in proceedings brought against them by an individual before the national courts in order to protect rights directly conferred upon him by Article 4(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, on national procedural rules relating to time-limits for bringing proceedings so long as that Member State has not properly transposed that directive into its domestic legal system.