Keywords
Summary

Keywords

Acts of the institutions — Directives — Implementation by the Member States — Transposition of a directive into national law without legislative action — Conditions — Existence of a general legal context ensuring full implementation of the directive — (Art. 249, third para., EC; Directive 98/84 of the European Parliament and of the Council)

Summary

Transposing a directive into national law does not necessarily require the provisions of the directive to be enacted in precisely the same words in a specific express legal provision and the general legal context may be sufficient if it actually ensures the full application of the directive in a sufficiently clear and precise manner. National legislation which does not prohibit all the infringing activities referred to in Directive 98/84 on the legal protection of services based on, or consisting of, conditional access does not meet that requirement.

see paras 26, 28