Opinion of the Advocate General — ECLI:EU:C:2002:452
Date: 2002-07-11
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Energy;Right of establishment;Approximation of laws;Freedom to provide services
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Summary of the Judgment 
1. 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 application in full of the 
directive 
(Art. 249 EC, third para.) 
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SUMMARY — CASE C-259/01 
2. Member States — Obligations — Failure to fulfil obligations — Maintenance of 
national legislation incompatible with Community law — Not permissible 
3. Acts of the institutions — Directives — Implementation by the Member States — 
Mere administrative practices do not constitute fulfilment of that obligation nor do 
mere practices of economic operators 
(Art. 249 EC, third para.) 
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