ECJ Member states – failure to apply a directive – effect on the functioning of the common market – absence thereof – justification for failure to fulfil obligations under a directive – not permissible (EEC Treaty, art 169)
A member state may not invoke, for the purpose of justifiying a failure to fulfil obligations under a harmonizing directive, the argument that the failure to apply that directive has had no adverse effect on the functioning of the common market.
Citations:
C-95/77, [1978] EUECJ C-95/77
Links:
European
Updated: 21 May 2022; Ref: scu.132655
