Keywords
Summary

Keywords

1 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE - JUSTIFICATION BASED ON INTERNAL LEGAL ORDER - NOT POSSIBLE

( EEC TREATY , ART . 169 AND ART . 189 , THIRD PARAGRAPH )

2.ACTION FOR A DECLARATION THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS - REASONED OPINION - STATEMENT OF REASONS - OBLIGATION - SCOPE

( EEC TREATY , ART . 169 )

3.MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - PERIODS FOR IMPLEMENTATION

( EEC TREATY , ART . 189 , THIRD PARAGRAPH )

4.MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - EFFECT

( EEC TREATY , ART . 189 , THIRD PARAGRAPH )

Summary

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

2 . THE ADMISSIBILITY OF AN ACTION BASED ON ARTICLES 169 OF THE TREATY DEPENDS ONLY ON AN OBJECTIVE FINDING OF A FAILURE TO FULFIL OBLIGATIONS AND NOT ON PROOF OF ANY INERTIA OR OPPOSITION ON THE PART OF THE MEMBER STATE CONCERNED . THE OPINION REFERRED TO IN ARTICLE 169 MUST BE CONSIDERED TO CONTAIN A SUFFICIENT STATEMENT OF REASONS TO SATISFY THE LAW WHEN IT CONTAINS A COHERENT EXPOSITION OF THE REASONS WHICH LED THE COMMISSION TO THE CONVICTION THAT THE STATE CONCERNED HAD FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .

3 . THE GOVERNMENTS OF THE MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES AND MUST THEREFORE BE IN A POSITION TO PREPARE WITHIN THE PERIOD PRESCRIBED THE LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION . IF , NEVERTHELESS , THE PERIOD ALLOWED FOR THE IMPLEMENTATION OF A DIRECTIVE PROVES TO BE TOO SHORT , THE ONLY MEANS OF ACTION COMPATIBLE WITH COMMUNITY LAW AVAILABLE TO THE MEMBER STATE CONCERNED CONSISTS IN TAKING THE APPROPRIATE INITIATIVES WITHIN THE COMMUNITY IN ORDER TO OBTAIN THE NECESSARY EXTENSION OF THE PERIOD BY THE COMPETENT COMMUNITY INSTITUTION .

4 . THE RIGHT OF PERSONS AFFECTED TO RELY IN LAW ON A DIRECTIVE AS AGAINST A MEMBER STATE WHICH HAS FAILED TO TAKE THE REQUISITE NATIONAL IMPLEMENTING MEASURES CONSTITUTES A MINIMUM GUARANTEE ARISING FROM THE BINDING NATURE OF THE OBLIGATION IMPOSED ON MEMBER STATES BY THE EFFECT OF DIRECTIVES UNDER THE THIRD PARAGRAPH OF ARTICLE 189 OF THE TREATY AND CANNOT JUSTIFY A MEMBER STATE ' S ABSOLVING ITSELF FROM TAKING IN DUE TIME IMPLEMENTING MEASURES SUFFICIENT TO MEET THE PURPOSE OF EACH DIRECTIVE .