Opinion of the Advocate General — ECLI:EU:C:2003:407
Date: 2003-07-10
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws;Freedom to provide services
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

SUMMARY — CASE C-58/02 
Summary of the Judgment 
Acts of the institutions — Directives — Implementation by the Member States — 
Transposition of a directive into national law without legislative action — Con­
ditions — Existence of a general legal context ensuring full implementation of the 
directive 
(Art. 249, third para., EC; Directive 98/84 of the European Parliament and of the 
Council) 
Transposing a directive into national law 
does not necessarily require the provisions 
of the directive to be enacted in precisely 
the same words in a specific express legal 
provision and the general legal context may 
be sufficient if it actually ensures the full 
application of the directive in a sufficiently 
clear and precise manner. National legis­
lation which does not prohibit all the 
infringing activities referred to in Directive 
98/84 on the legal protection of services 
based on, or consisting of, conditional 
access does not meet that requirement. 
(see paras 26, 28) 
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