Keywords
Summary

Keywords

1 . ACTION FOR A FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - JUDGMENT OF THE COURT FINDING THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS - EFFECTS - DUTIES OF THE AUTHORITIES OF THE OFFENDING MEMBER STATE - DUTY TO ENSURE THAT THE COURT ' S JUDGMENT IS COMPLIED WITH - SCOPE

( EEC TREATY , ARTS . 169 AND 171 )

2 . ACTION FOR A FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - JUDGMENT OF THE COURT FINDING THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS - EFFECTS - DUTIES OF THE COURTS OF THE OFFENDING MEMBER STATE - DUTY TO DRAW THE NECESSARY INFERENCES FROM THE JUDGMENT - FAILURE TO COMPLY WITH A COMMUNITY RULE HAVING DIRECT EFFECT - RIGHTS OF INDIVIDUALS - SOURCE OF THEIR LEGAL PROTECTION

( EEC TREATY , ARTS . 169 AND 171 )

Summary

1 . ALL THE INSTITUTIONS OF THE MEMBER STATE WHICH THE COURT FINDS TO HAVE FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY MUST , IN ACCORDANCE WITH ARTICLE 171 OF THE TREATY , ENSURE WITHIN THE FIELDS COVERED BY THEIR RESPECTIVE POWERS THAT JUDGMENTS OF THE COURT ARE COMPLIED WITH .

IF THE JUDGMENT DECLARES THAT CERTAIN LEGISLATIVE PROVISIONS OF A MEMBER STATE ARE CONTRARY TO THE TREATY THE AUTHORITIES EXERCISING LEGISLATIVE POWER ARE THEN UNDER THE DUTY TO AMEND THE PROVISIONS IN QUESTION SO AS TO MAKE THEM CONFORM WITH THE REQUIREMENTS OF COMMUNITY LAW . FOR THEIR PART THE COURTS OF THE MEMBER STATE CONCERNED HAVE AN OBLIGATION TO ENSURE , WHEN PERFORMING THEIR DUTIES , THAT THE COURT ' S JUDGMENT IS COMPLIED WITH .

2 . IF THE COURT FINDS IN PROCEEDINGS UNDER ARTICLES 169 TO 171 OF THE TREATY THAT A MEMBER STATE ' S LEGISLATION IS INCOMPATIBLE WITH THE OBLIGATIONS WHICH IT HAS UNDER THE TREATY , THE COURTS OF THAT STATE ARE BOUND BY VIRTUE OF ARTICLE 171 TO DRAW THE NECESSARY INFERENCES FROM THE JUDGMENT OF THE COURT . HOWEVER , IT SHOULD BE UNDERSTOOD THAT WHERE THE COURT HAS FOUND THAT A MEMBER STATE HAS FAILED TO COMPLY WITH A PROVISION OF COMMUNITY LAW HAVING DIRECT EFFECT IN THE INTERNAL LEGAL ORDER , THE RIGHTS ACCRUING TO INDIVIDUALS DERIVE NOT FROM THE JUDGMENT FINDING THAT THAT STATE HAS FAILED TO FULFIL ITS OBLIGATIONS BUT FROM THE ACTUAL PROVISIONS OF COMMUNITY LAW .