Judgment — ECLI:EU:C:2003:500
Date: 2003-09-25
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Pollution
Concepts: General;Defences
Procedure: Action for failure to fulfil obligations - successful
Origin: Germany

Summary of the Judgment 
1. 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. 226 EC) 
2. Actions for failure to fulfil obligations — Commission's right of action — Right 
exercised at the Commission's discretion 
(Art. 226 EC) 
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SUMMARY — CASE C-74/02 
3. Member States — Obligations — Implementation of directives — Failure to fulfil 
obligations — National system pleaded as justification — Not permissible 
(Art. 226 EC) 
1. In an action under Article 226 EC, the 
question whether a Member State has 
failed to fulfil its obligations must be 
determined by reference to the situ­
ation prevailing in the Member State at 
the end of the period laid down in the 
reasoned opinion. 
(see para. 15) 
2. Under the system laid down by 
Article 226 EC, the fact that a measure 
implementing a directive will be 
adopted shortly is irrelevant and can­
not deprive the Commission of all legal 
interest in bringing an action for failure 
to fulfil obligations since the Commis­
sion decides in the exercise of its 
discretion whether or not it is appropri­
ate to bring such an action. 
(see para. 17) 
3. A Member State may not rely on 
provisions, practices or circumstances 
in its internal legal order to justify 
failure to comply with the obligations 
and time-limits laid down by a direc­
tive. 
(see para. 18) 
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