Keywords

Summary



Keywords

1 Actions for failure to fulfil obligations - Pre-litigation procedure - Subject-matter - Reasoned opinion - Content

(EC Treaty, Art. 169)

2 Acts of the institutions - Directives - Implementation by the Member States - Transposition of a directive without legislative action - Conditions - Existence of a general legal context ensuring full implementation of the directive - A mere general reference to Community law insufficient

(EC Treaty, Art. 189, third para.)

3 Acts of the institutions - Directives - Right of persons to rely on directives in specific circumstances - Member States not thereby relieved of their obligation to implement the directives in question

(EC Treaty, Art. 189, third para.)

4 Member States - Obligations - Implementation of directives - Failure to fulfil obligations - Implementation by means of a circular - Not permissible

(EC Treaty, Art. 169)

Summary

5 In the context of an action for failure to fulfil obligations, the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, to avail itself of its right to defend itself against the complaints made by the Commission.

The subject-matter of an action brought under Article 169 of the Treaty is therefore delimited by the pre-litigation procedure provided for by that article. Consequently, the action cannot be founded on any complaints other than those formulated in the reasoned opinion which, accordingly, must contain a cogent and detailed exposition of the reasons which led the Commission to the conclusion that the Member State concerned had failed to fulfil one of its obligations under the Treaty.

6 The transposition of a directive into national law does not necessarily require its provisions to be formally incorporated verbatim in express, specific legislation; a general legal context may, depending on the content of the directive in question, 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. That condition is of particular importance where the directive in question is intended to confer rights on nationals of other Member States.

The mere fact that the legislation of a Member State contains a general reference to Community law does not amount to transposition ensuring in a sufficiently clear and precise manner the actual implementation in full of directives which are intended to confer rights on nationals from other Member States.

7 The right of persons to rely in law on a directive against a Member State in specific circumstances is no more than a minimum guarantee, arising from the binding nature of the obligation imposed on the Member States by the effect of directives under the third paragraph of Article 189 of the Treaty, which cannot justify a Member State's absolving itself from taking in due time implementing measures sufficient to meet the purpose of each directive.

8 A Member State cannot discharge its obligations under a directive by means of a mere circular which can be amended by the administration at will.