Keywords
Summary

Keywords

++++

Acts of the institutions - Directives - Implementation by Member States - Necessity of ensuring full application of national implementing measures regardless of non-implementation by other Member States

( EEC Treaty, Arts 169, 170 and 189, third paragraph )

Summary

The national law of a Member State giving effect to a Community directive must have full force, even if the directive in question has not yet been transposed and implemented in the legislation of other Member States .

A Member State may not rely on the fact that other Member States have also failed to perform their obligations in order to justify its own failure to fulfil its obligations under the Treaty, since in the legal order established by the Treaty, the implementation of Community law by the Member States cannot be made subject to a condition of reciprocity, and Articles 169 and 170 of the Treaty provide the appropriate remedies in cases where Member States fail to fulfil their obligations under the Treaty .