Opinion of the Advocate General — ECLI:EU:C:2002:85
Date: 2002-02-07
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Summary of the Judgment 
1. Actions for failure to fulfil obligations — Examination of merits by the Court — 
Situation to be taken into account — Situation at the end of the period laid down in 
the reasoned opinion 
(EC Treaty, Art. 169 (now Art. 226 EC)) 
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SUMMARY — CASE C-152/00 
2. Acts of the institutions — Directives — Implementation by the Member States — 
Mere administrative practice not sufficient 
(EC Treaty, Art. 189, 3rd para, (now Art. 249, 3rd para., EC)) 
3. Actions for failure to fulfil obligations — Examination of merits by the Court — 
Where the alleged failure to fulfil obligations has no adverse consequences — 
Irrelevant 
(EC Treaty, Art. 169 (now Art. 226 EC)) 
4. Acts of the institutions — Directives — Implementation by the Member States — 
Need for full transposition 
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