Case C-360/95

Commission of the European Communities

v

Kingdom of Spain

‛Failure of a Member State to fulfil its obligations — Failure to transpose Directive 91/371/EEC — Implementation of the Agreement between the European Economic Community and the Swiss Confederation on direct insurance other than life assurance’

Opinion of Advocate General La Pergola delivered on 17 June 1997   I-7339

Judgment of the Court (Fifth Chamber) , 18 December 1997   I-7344

Summary of the Judgment

1. Actions for failure to fulfil obligations — Examination of merits by the Court — Situation to be taken into consideration — Situation at the end of the period laid down in the reasoned opinion

   (EC Treaty, Art. 169)

2. Acts of the institutions — Directives — Implementation by Member States — Transposition of a directive without legislation — Not permissible where reference to the directive is an express requirement

   (EC Treaty, Art. 189, third para.)

1.  In the context of an action brought under Article 169 of the Treaty, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation in the Member State as it stood at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes.

2.  Where a directive expressly requires Member States to ensure that their measures transposing it include a reference to it or that such reference is made when they are officially published, it is necessary to adopt a specific measure transposing the directive.