Opinion of the Advocate General — ECLI:EU:C:2000:28
Date: 2000-01-20
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Pollution
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Summary of the Judgment 
Member States — Obligations — Implementation of directives — Failure to fulfil 
obligations — justification — Not permissible 
(EC Treaty, Art. 169 (now Art. 226 EC» 
Member States cannot rely on provisions, 
practices or circumstances in their own 
legal orders to justify failure to comply 
with the obligations and time-limits laid 
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SUMMARY — CASE C-274/98 
down by a directive, nor may they plead 
late implementation of the directive as 
justification for failure to fulfil, or late 
fulfilment of, other obligations imposed by 
the directive. 
(see paras 19, 22) 
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