Opinion of the Advocate General — ECLI:EU:C:2000:702
Date: 2000-12-14
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Approximation of laws;Freedom to provide services
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Summary of the Judgment 
Acts of the institutions — Directives — Implementation by Member States — Need to 
ensure their effectiveness 
(Arts 10, first para., EC, and 249, third para., EC) 
I - 2053 
SUMMARY — CASE C-97/00 
Under the first paragraph of Article 10 EC, 
the Member States are to take all appro­
priate measures, whether general or parti­
cular, to ensure fulfilment of the obligations 
arising out of the EC Treaty or resulting 
from action taken by the institutions of the 
Community. Such action includes directives 
which, pursuant to the third paragraph of 
Article 249 EC, are binding as to the result 
to be achieved upon each Member State to 
which they are addressed. That obligation 
involves, for each Member State to which a 
directive is addressed, the adoption, within 
the framework of its national legal system, 
of all the measures necessary to ensure that 
the directive is fully effective, in accordance 
with the objective which it pursues. 
(see para. 9) 
I - 2054