Judgment — ECLI:EU:C:2005:660
Date: 2005-10-27
Language of the case: French
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Concepts: General
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - inadmissible
Origin: Luxembourg

Summary of the Judgment Actions for failure to fulfil obligations — Pre-litigation procedure — Formal notice — Condition — Prior failure by a Member State to fulfil an obligation imposed on it — Observations of that State — Essential procedural requirement — Formal notice relating to failure to transpose a directive before expiry of the time-limit for implementation — Not permissible (Art. 226 EC) In order for a letter of formal notice to be issued, a prior failure by the Member State concerned to fulfil an obligation owed by it must be alleged. The opportunity for that Member State to submit its observations constitutes an essential guarantee required by the Treaty and amounts to an essential procedural requirement in proceedings relating to the finding of a failure on the part of a Member State. The letter of formal notice cannot therefore relate to failure to transpose a directive in respect of which the time-limit for implementation had not yet expired. (see para. 7)