Opinion of the Advocate General — ECLI:EU:C:1999:491
Date: 1999-10-07
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Intellectual, industrial and commercial property;Approximation of laws;Freedom to provide services
Procedure: Action for failure to fulfil obligations - successful
Origin: Ireland

Summary of the Judgment 
1. Member States — Obligations — Implementation of directives — Failure to fulfil 
obligations — Justification put forward — Not acceptable 
(EC Treaty, Art. 169 (now Art. 226 EC)) 
2. Actions for failure to fulfil obligations — Right of the Commission to bring judicial 
proceedings — To be exercised at its discretion 
(EC Treaty, Art. 169, second para, (now Art. 226, second para., EC)) 
1. A Member State may not plead provi­
sions, practices or circumstances exist­
ing in its internal legal system in order 
to justify a failure to comply with the 
obligations and time-limits laid down 
in a directive. 
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SUMMARY — CASE C-212/98 
2. If the Member State to which a rea­
soned opinion has been issued has not, 
by the end of the period which it is for 
the Commission to lay down pursuant 
to the second paragraph of Article 169 
of the Treaty (now the second para­
graph of Article 226 EC), put an end to 
the infringement with which it is 
charged, the Commission is at liberty 
to decide whether or not to bring the 
matter before the Court. 
I - 8572