Keywords
Summary

Keywords

++++

1 . Member States - Obligations - Breach - Justification - Not permitted

( EEC Treaty, Art . 169 )

2 . Actions against Member States for failure to fulfil obligations - Subject-matter of the action - Determined by the reasoned opinion - Time-limit allowed to Member State - Default subsequently remedied - Interest in pursuing the action - Possible liablity on the part of the Member State

( EEC Treaty, Art . 169 )

Summary

1 . A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with obligations and time-limits resulting from Community law .

2 . The subject-matter of an action brought under Article 169 of the Treaty is determined by the Commission' s reasoned opinion, and even when the default has been remedied after the time-limit prescribed by paragraph 2 of the said article has expired, there is still an interest in pursuing the action in order to establish the basis of liability which a Member State may incur as a result of its default towards other Member States, the Community or private parties .