Keywords
Summary

Keywords

1 Actions for failure to fulfil obligations - Examination of the 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 - Mere administrative practices not sufficient

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

Summary

3 In the context of proceedings 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 prevailing in the Member State at the end of the period laid down in the reasoned opinion and the Court cannot take account of any subsequent changes.

4 Mere administrative practices, which by their nature are alterable at will by the administration and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of the obligations incumbent on Member States to which a directive is addressed pursuant to Article 189 of the Treaty.