Keywords
Summary

Keywords

1 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - ABSENCE - JUSTIFICATION - NOT POSSIBLE

( EEC TREATY , ART . 169 )

2 . APPLICATIONS FOR A DECLARATION THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS - POWERS OF THE COURT - LIMITS - EXTENSION OF THE PERIOD LAID DOWN IN THE REASONED OPINION - POWERS OF THE COMMISSION

( EEC TREATY , ART . 169 )

Summary

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

2 . THE POWERS CONFERRED ON THE COURT IN RELATION TO APPLICATIONS UNDER ARTICLE 169 OF THE TREATY DO NOT INCLUDE THE POWER TO SUBSTITUTE A DIFFERENT PERIOD FOR THAT LAID DOWN BY THE COMMISSION PURSUANT TO ARTICLE 169 OF ITS REASONED OPINION , ALTHOUGH THE LEGALITY OF THAT OPINION IS SUBJECT TO REVIEW BY THE COURT . SUBJECT TO THE SAME RESERVATION , IT IS FOR THE COMMISSION TO DECIDE WHETHER SUCH A REQUEST FROM A MEMBER STATE IS TO BE GRANTED .