Commission of the European Communities v Federal Republic of Germany.
Date: 1985-05-23
18 THE PRACTICE OF APPLYING THE DIRECTIVES WHICH THE GERMAN AUTHORITIES HAVE CONSISTENTLY FOLLOWED SINCE THEY TOOK EFFECT IS , ACCORDING TO THE GERMAN GOVERNMENT , AN EXPRESSION OF THE ONLY INTERPRETATION OF THE EXISTING LEGISLATION OPEN TO THEM BY VIRTUE OF SUPERIOR PRINCIPLES OF NATIONAL LAW . IN THAT RESPECT THE GOVERNMENT CITES : ( I ) THE GENERAL PRINCIPLE OF EQUAL TREATMENT WHICH IS ENSHRINED IN THE GERMAN CONSTITUTION AND WHICH PROHIBITS ANY DIFFERENCE OF TREATMENT NOT JUSTIFIED ON OBJECTIVE GROUNDS , ( II ) THE PRINCIPLE THAT THERE CAN BE NO DISCRIMINATION AGAINST THE NATIONALS OF OTHER MEMBER STATES , WHICH IS A COMMUNITY PRINCIPLE BUT IS DIRECTLY APPLICABLE IN GERMAN LAW , AND ( III ) THE PRINCIPLE OF GERMAN ADMINISTRATIVE LAW THAT SUCH A CONSISTENT PRACTICE ESTOPS THE ADMINISTRATION FROM DEPARTING THEREFROM UNLESS THERE ARE COMPELLING OBJECTIVE GROUNDS FOR SO DOING . IN THIS CASE THERE COULD BE NO SUCH GROUNDS , IN THE FIRST PLACE BECAUSE OF THE FIRST TWO PRINCIPLES REFERRED TO ABOVE AND SECONDLY BECAUSE THE GERMAN LEGISLATURE HAD CLEARLY DEMONSTRATED , IN THE BILL ON HEALTH CARE AND IN THE LEGISLATION ALREADY ENACTED IN RELATION TO OTHER PROFESSIONS IN THE HEALTH SECTOR , ITS INTENTION TO INCORPORATE THE DIRECTIVES INTO DOMESTIC LAW AND THUS PROVIDE STATUTORY CONFIRMATION OF THAT ADMINISTRATIVE PRACTICE . THE GOVERNMENT CONCLUDES THAT GERMAN LAW ALREADY FULLY GUARANTEES THE CONTINUOUS APPLICATION OF THE PROVISIONS OF THE TWO DIRECTIVES .
22 FACED WITH THOSE CONFLICTING VIEWS , THE COURT CONSIDERS IT NECESSARY TO RECALL THE WORDING OF THE THIRD PARAGRAPH OF ARTICLE 189 OF THE TREATY , ACCORDING TO WHICH A DIRECTIVE IS BINDING , AS TO THE RESULT TO BE ACHIEVED UPON EACH MEMBER STATE TO WHICH IT IS ADDRESSED , BUT LEAVES TO THE NATIONAL AUTHORITIES THE CHOICE OF FORM AND METHODS .
23 IT FOLLOWS FROM THAT PROVISION THAT THE IMPLEMENTATION OF A DIRECTIVE DOES NOT NECESSARILY REQUIRE LEGISLATIVE ACTION IN EACH MEMBER STATE . IN PARTICULAR THE EXISTENCE OF GENERAL PRINCIPLES OF CONSTITUTIONAL OR ADMINISTRATIVE LAW MAY RENDER IMPLEMENTATION BY SPECIFIC LEGISLATION SUPERFLUOUS , PROVIDED HOWEVER THAT THOSE PRINCIPLES GUARANTEE THAT THE NATIONAL AUTHORITIES WILL IN FACT APPLY THE DIRECTIVE FULLY AND THAT , WHERE THE DIRECTIVE IS INTENDED TO CREATE RIGHTS FOR INDIVIDUALS , THE LEGAL POSITION ARISING FROM THOSE PRINCIPLES IS SUFFICIENTLY PRECISE AND CLEAR AND THE PERSONS CONCERNED ARE MADE FULLY AWARE OF THEIR RIGHTS AND , WHERE APPROPRIATE , AFFORDED THE POSSIBILITY OF RELYING ON THEM BEFORE THE NATIONAL COURTS . THAT LAST CONDITION IS OF PARTICULAR IMPORTANCE WHERE THE DIRECTIVE IN QUESTION IS INTENDED TO ACCORD RIGHTS TO NATIONALS OF OTHER MEMBER STATES BECAUSE THOSE NATIONALS ARE NOT NORMALLY AWARE OF SUCH PRINCIPLES .
31 ON THAT POINT THE COURT ACCEPTS THE COMMISSION ' S ARGUMENT THAT REFERENCE TO PRINCIPLES OF LAW WHICH ARE AS GENERAL AS THOSE RELIED ON BY THE GERMAN GOVERNMENT IS NOT SUFFICIENT TO ESTABLISH THAT NATIONAL LAW FULLY GUARANTEES COMPLIANCE WITH PROVISIONS OF DIRECTIVES WHICH ARE OF SUCH A PRECISE AND DETAILED NATURE .
32 IT MUST THEREFORE BE CONCLUDED THAT THE FEDERAL REPUBLIC OF GERMANY HAS FAILED TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE MEASURES NEEDED TO INCORPORATE DIRECTIVE NO 77/452 INTO NATIONAL LAW .

DIRECTIVE NO 77/453