Opinion of the Advocate General — ECLI:EU:C:1999:451
Date: 1999-09-23
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Transport;Pollution
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Summary of the Judgment 
1. Acts of the institutions — Directives — Implementation by the Member States — Mere 
administrative practice does not constitute fulfilment of that obligation 
(EC Treaty, Art. 189, third para. (now Art. 249, third para., EC)) 
2. Actions for failure to fulfil obligations — Examination by the Court of the merits — 
Situation to be taken into account — Situation prevailing at the end of the period laid 
down in the reasoned opinion 
(EC Treaty, Art. 169 (now Art. 226 EC)) 
1. Mere administrative practices, which 
by their nature are alterable at will by 
the authorities and are not given the 
appropriate publicity, cannot be regar­
ded as constituting the proper fulfil­
ment of a Member State's obligations 
I - 8001 
SUMMARY — CASE C-315/98 
under Article 189 of the Treaty (now 
Article 249 EC). 
2. In an action under Article 169 of the 
Treaty (now Article 226 EC), the ques­
tion whether a Member State has failed 
to fulfil its obligations must be deter­
mined 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. 
I - 8002