Keywords

Summary



Keywords

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1. Measures adopted by the Community institutions - Directives - Implementation by the Member States - Transposition of a directive without legislative action - Conditions - Existence of a general legal context ensuring the full application of the directive - Inadequacy of a practice conforming to the requirements of the directive

(EEC Treaty, third para. of Art. 189)

2. Environment - Air pollution - Directive 82/884/EEC -Fixing of a limit value applicable to the concentration of lead - Adoption of a mandatory legal rule - Obligation of the Member States

(Council Directive 82/884/EEC, Art. 2)

3. Action for failure to fulfil obligations - Subject-matter of the action - Determination by the reasoned opinion - Period allowed to a Member State - Subsequent termination of the infringement - Interest in continuing the action - Possible liability of the Member State

(EEC Treaty, Art. 169)

Summary

1. The transposition of a directive into domestic law does not necessarily require that its provisions be incorporated formally and verbatim in express, specific legislation; a general legal context may, depending on the context of the directive, be adequate for the purpose, provided that it does indeed guarantee the full application of the directive in a sufficiently clear and precise manner so that, where the directive is intended to create rights for individuals, the persons concerned can ascertain the full extent of their rights and, where appropriate, rely on them before the national courts.

The fact that a practice is in conformity with the requirements of a directive may not constitute a reason for not transposing that directive into national law by provisions capable of creating a situation which is sufficiently precise, clear and transparent to enable individuals to ascertain their rights and obligations. In order to secure the full implementation of directives in law and not only in fact, Member States must establish a specific legal framework in the area in question.

2. The obligation imposed on the Member States to prescribe a limit value which must not be exceeded in specified circumstances, laid down in Article 2 of Directive 82/884/EEC, is imposed, according to Article 1 specifically in order to help protect human beings against the effects of lead in the environment. Except in the case of occupational exposure, to which it does not apply, that obligation implies that whenever the exceeding of the limit values could endanger human health the persons concerned must be in a position to rely on mandatory rules in order to be able to assert their rights. Furthermore, the fixing of such a value in a provision the mandatory nature of which is undeniable is also necessary in order that all those whose activities are liable to give rise to nuisances may ascertain precisely the obligations to which they are subject.

3. The subject-matter of an action brought under Article 169 of the Treaty is determined by the Commission' s reasoned opinion and, even where the default has been remedied after the time-limit prescribed by the second paragraph of that article has expired, there is still an interest in pursuing the action in order to establish the basis of liability which a Member State may incur as a result of its default towards other Member States, the Community or private parties.