Opinion of the Advocate General — ECLI:EU:C:2002:53
Date: 2002-01-24
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Transport
Procedure: Action for failure to fulfil obligations - successful
Origin: Netherlands

Summary of the Judgment
1. Actions for failure to fulfil obligations — Examination of the merits by the Court —
Situation to be taken into account — Situation prevailing at the end of the period laid
down in the reasoned opinion
(Art. 226 EC)
2. Member States — Obligations — Implementation of directives — Failure to fulfil
obligations — justification based on practices or circumstances existing in its internal
legal order, including technical difficulties — Not permissible
(Art. 226 EC)
I - 4177