Keywords
Summary

Keywords

1 Member States - Obligations - Failure to fulfil obligations - Maintenance in force of national legislation incompatible with Community law - Not permissible irrespective of whether or not the provision of Community law at issue is directly applicable

2 Acts of the institutions - Directives - Implementation by the Member States - Directive intended to confer rights on individuals - Whether such directives may be transposed into national law without benefit of legislation - Not permissible

Summary

1 The incompatibility of national legislation with provisions of Community law, even with those which are directly applicable, can be finally remedied only by means of national provisions of a binding nature which have the same legal force as those which must be amended.

2 The provisions of a directive must be implemented with unquestionable binding force and with the specificity, precision and clarity required in order to satisfy the requirement of legal certainty, under which, in the case of a directive intended to confer rights on individuals, persons concerned must be enabled to ascertain the full extent of their rights.