Opinion of the Advocate General — ECLI:EU:C:2002:210
Date: 2002-03-21
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trans-European networks
Procedure: Action for failure to fulfil obligations - successful
Origin: United Kingdom

Summary of the Judgment
Acts of the institutions — Directives — Implementation by the Member States — Need
for full transposition — Non-existence in a Member State of an activity referred to in a
directive — No effect — Exception — Reasons of geography
(Art. 249, third para., EC)
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SUMMARY — CASE C-441/00
The fact that an activity referred to in a
directive does not yet exist in a Member
State cannot release that State from its
obligation to adopt laws or regulations in
order to ensure that all the provisions of the
directive are properly transposed. It is only
where transposition of a directive is point­
less for reasons of geography that it is not
mandatory.
(see paras 15, 17)
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