Judgment — ECLI:EU:C:1997:625
Date: 1997-12-18
Language of the case: Spanish
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Summary of the Judgmen t 
1. Actions for failure to fulfil obligations — Examination of merits by the Court — Situation to 
be taken into consideration — Situation at the end of the period laid down in the reasoned 
opinion 
(EC Treaty, Art. 169) 
2. Acts of the institutions — Directives — Implementation by Member States — Transposition of 
a directive without legislation — Not permissible where reference to the directive is an express 
requirement 
(EC Treaty, Art. 189, third para.) 
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SUMMARY — CASE C-361/95 
1. In the context of an action brought under 
Article 169 of the Treaty, the question 
whether a Member State has failed to ful­
fil its obligations must be determined by 
reference to the situation in the Member 
State as it stood at the end of the period 
laid down in the reasoned opinion, and 
the Court cannot take account of any 
subsequent changes. 
2. Where a directive expressly requires 
Member States to ensure that their mea­
sures transposing it include a reference to 
it or that such reference is made when 
they are officially published, it is neces­
sary to adopt a specific measure transpos­
ing the directive. 
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