Opinion of the Advocate General — ECLI:EU:C:2003:64
Date: 2003-01-30
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Spain

Summary of the Judgment 
1. Actions for failure to fulfil obligations — Examination of the merits by the Court — 
Situation to be taken into consideration — Situation on expiry of the period laid down 
by the reasoned opinion 
(Art. 226 EC) 
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SUMMARY — CASE C-419/01 
2. Member States — Obligations — Implementation of directives — Failure to fulfil 
obligations — justification based on the internal legal order — Not permissible 
(Art. 226 EC) 
3. Actions for failure to fulfil obligations — Proof of failure — Burden on Commis­
sion — Submissioìn of evidence that the obligation has not been fulfilled 
(Art. 226 EC) 
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