European Commission v Republic of Poland.
Date: 2016-06-30
73


With regards to the Republic of Poland’s argument that a Member State is not required to transpose literally the definitions laid down in Directive 2000/60, it should be borne in mind that, according to settled case-law, transposing a directive into national law does not necessarily require its provisions to be reproduced verbatim in a specific, express law or regulation; a general legal context may be sufficient, provided that it does effectively ensure the full application of the directive in a sufficiently clear and precise manner (see judgment of 19 December 2013 in Commission v Poland, C‑281/11, EU:C:2013:855, paragraph 60 and the case-law cited).
78


It is sufficient to note in that regard that it is settled case-law that the provisions of directives must be implemented with unquestionable binding force, and the specificity, precision and clarity necessary to satisfy the requirements of legal certainty (see, inter alia, judgment of 19 December 2013 in Commission v Poland, C‑281/11, EU:C:2013:855, paragraph 101 and the case-law cited).
79


Mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of obligations to transpose a directive. In the same way, an interpretation, by national courts, of the provisions of national law in accordance with those of a directive cannot in itself achieve the clarity and precision needed to meet the requirement of legal certainty (see, inter alia, judgment of 19 December 2013 in Commission v Poland, C‑281/11, EU:C:2013:855, paragraph 105 and the case-law cited).
87


In that regard, as observed above in paragraph 78, it is settled case-law that the provisions of directives must be implemented with unquestionable binding force, and the specificity, precision and clarity necessary to satisfy the requirements of legal certainty (see, inter alia, judgment of 19 December 2013 in Commission v Poland, C‑281/11, EU:C:2013:855, paragraph 101 and the case-law cited).
119


Regarding the third complaint, reference must again be made to the settled case-law, according to which the provisions of directives must be implemented with unquestionable binding force, and the specificity, precision and clarity necessary to satisfy the requirements of legal certainty (see, inter alia, judgment of 19 December 2013 in Commission v Poland, C‑281/11, EU:C:2013:855, paragraph 101 and the case-law cited).
121


Furthermore, the Court has held repeatedly that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, inter alia, judgment of 18 July 2013 in Commission v Poland, C‑313/11, EU:C:2013:481, paragraph 45 and the case-law cited).
130


With regards to the fourth and fifth complaints, reference must again be made to the Court’s settled case-law, referred to in paragraph 121 of this judgment and according to which the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, inter alia, judgment of 18 July 2013 in Commission v Poland, C‑313/11, EU:C:2013:481, paragraph 45 and the case-law cited).
152


In that connection regard must be had to the Court’s settled case-law, referred to in paragraphs 121 and 130 above, according to which the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, inter alia, judgment of 18 July 2013 in Commission v Poland, C‑313/11, EU:C:2013:481, paragraph 45 and the case-law cited).
159


That provision of national law was adopted after the end of the period laid down in the reasoned opinion, with the result that, according to settled case-law, it cannot be taken into account by the Court (see, inter alia, judgment of 18 July 2013 in Commission v Poland, C‑313/11, EU:C:2013:481, paragraph 45 and the case-law cited).