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Document 61985CJ0239
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Keywords
MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL AN OBLIGATION - IMPLEMENTATION BY MEANS OF A CIRCULAR - NOT PERMISSIBLE
( EEC TREATY , ART . 169 )
Summary
EACH MEMBER STATE MUST IMPLEMENT DIRECTIVES IN A MANNER WHICH FULLY MEETS THE REQUIREMENT OF LEGAL CERTAINTY AND MUST CONSEQUENTLY TRANSPOSE THEIR TERMS INTO NATIONAL LAW AS BINDING PROVISIONS . A MEMBER STATE CANNOT FULFIL ITS OBLIGATIONS UNDER A DIRECTIVE BY MEANS OF A MERE CIRCULAR WHICH MAY BE AMENDED BY THE ADMINISTRATION AT WILL .