Opinion of the Advocate General — ECLI:EU:C:2001:244
Date: 2001-05-03
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Pollution
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Summary of the Judgment 
1. Approximation of laws •— Assessment and management of ambient air quality — 
Directive 96/62 — Implementation by the Member States — Obligation to designate 
the competent authorities and bodies within the periods laid down — Certain details 
to be decided on in the future — No effect 
(Council Directive 96/62, Art. 3, first para.) 
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SUMMARY — CASE C-417/99 
2. Acts of the institutions — Directives — implementation by Member States — 
Existing regional rules not sufficient 
(EC Treaty, Art. 189, third para, (now Art. 249, third para., EC)) 
1. Directive 96/62, the aim of which is to 
define the basic principles of a common 
strategy to assess and manage ambient 
air quality, provides that Member 
States are to designate the competent 
authorities and bodies responsible in 
particular for controlling the limit 
values and alert thresholds to be set 
for the pollutants listed in Annex I to 
the Directive. The fact that the direc­
tive provides for certain details, such as 
limit values and alert thresholds for the 
pollutants listed in Annex I, to be 
decided on in the future cannot, in the 
absence of express provision to that 
effect, relieve Member States of their 
obligation to adopt within the pre­
scribed period the measures necessary 
to comply with the directive. That 
obligation to designate, which consti­
tutes a preliminary step in implement­
ing the general objectives of the direc­
tive, is of a purely general nature, and 
remains, whether or not all the condi­
tions for the application of the provi­
sions of Community law have already 
been fulfilled. 
(see paras 30-32) 
2. A directive must be transposed into 
national law by provisions capable of 
creating a situation which is suffi­
ciently precise, clear and transparent 
to enable individuals to ascertain their 
rights and obligations 
(see para. 38) 
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