Opinion of the Advocate General — ECLI:EU:C:1997:514
Date: 1997-10-23
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Germany

Summary of the Judgmen t 
Acts of the institutions — Directives — Implementation by the Member States — Mere admin­
istrative practices not sufficient 
(EC Treaty, Art. 189, third para.) 
Mere administrative practices, which by their 
nature are alterable at will by the administra­
tion and are not given the appropriate pub­
licity, cannot be regarded as constituting the 
proper fulfilment of a Member State's obli­
gations under Article 189 of the Treaty. 
I -7191