Opinion of the Advocate General — ECLI:EU:C:2000:179
Date: 2000-03-30
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Freedom to provide services;Transport
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Summary of the Judgment 
Member States — Obligations — Failure to fulfil obligations — Retention of a provision 
of national law which is incompatible with Community law 
I - 6137 
SUMMARY — CASE C-160/99 
If a provision of national law that is 
incompatible with a provision of Commu­
nity law, even one directly applicable in the 
legal order of the Member States, is 
retained unchanged, this creates an ambig­
uous state of affairs by keeping the persons 
concerned in a state of uncertainty as to the 
possibility of relying on Community law. 
Maintaining such a provision in force 
therefore amounts to a failure by the State 
in question to comply with its obligations 
under the Treaty. 
(see para. 22) 
I -6138