Opinion of the Advocate General — ECLI:EU:C:2003:35
Date: 2003-01-16
Based on: Treaty establishing the European Atomic Energy Community (1957)
Subject matter: Health and safety;Euratom matters
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Summary of the Judgment 
1. Member States — Obligations — Implementation of directives — Failure to fulfil 
obligations — Justification based on the internal legal order — Not permissible 
(Art. 141 EA) 
2. 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. 141 EA) 
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