Keywords
Summary

Keywords

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1 . OBLIGATIONS OF MEMBER STATES - DEFAULT - ACTION - OBJECT - INTEREST TO ACT

( EEC TREATY, ARTICLE 169 )

2 . OBLIGATIONS OF MEMBER STATES - ACTION - JUDGMENT OF THE COURT - DEFAULT BY A MEMBER STATE - RESPONSIBILITY

( EEC TREATY, ARTICLES 169 AND 171 )

3 . ACTS OF AN INSTITUTION - REGULATION - DIRECT APPLICABILITY - ENTRY INTO FORCE - SIMULTANEOUS AND UNIFORM APPLICATION IN THE COMMUNITY - NATIONAL METHODS OF PUTTING INTO EFFECT - COMPATIBILITY WITH THE TREATY

( EEC TREATY, ARTICLES 189 AND 191 )

4 . ACTS OF AN INSTITUTION - REGULATION - APPLICATION - OBLIGATIONS OF MEMBER STATES

( EEC TREATY, ARTICLE 189 )

5 . OBLIGATION OF MEMBER STATES - UNILATERAL ACTION CONTRARY TO THE TREATY - FAILURE IN DUTY OF SOLIDARITY

Summary

1 . THE OBJECT OF AN ACTION UNDER ARTICLE 169 IS ESTABLISHED BY THE COMMISSION' S REASONED OPINION, AND EVEN WHEN THE DEFAULT HAS BEEN REMEDIED SUBSEQUENTLY TO THE TIME LIMIT PRESCRIBED BY PARAGRAPH 2 OF THE SAME ARTICLE, PURSUIT OF THE ACTION STILL HAS AN OBJECT .

2 . IN THE FACE OF BOTH A DELAY IN THE PERFORMANCE OF AN OBLIGATION AND A DEFINITE REFUSAL, A JUDGMENT OF THE COURT UNDER ARTICLES 169 AND 171 OF THE TREATY MAY BE OF SUBSTANTIVE INTEREST AS ESTABLISHING THE BASIS OF A RESPONSIBILITY THAT A MEMBER STATE CAN INCUR AS A RESULT OF ITS DEFAULT AS REGARDS OTHER MEMBER STATES, THE COMMUNITY OR PRIVATE PARTIES .

3 . REGULATIONS ARE, AS SUCH, DIRECTLY APPLICABLE IN ALL MEMBER STATES AND COME INTO FORCE SOLELY BY VIRTUE OF THEIR PUBLICATION IN THE OFFICIAL JOURNAL OF THE COMMUNITIES, AS FROM THE DATE SPECIFIED IN THEM, OR IN THE ABSENCE THEREOF, FROM THE DATE PROVIDED IN THE TREATY .

CONSEQUENTLY, ALL METHODS OF IMPLEMENTATION ARE CONTRARY TO THE TREATY WHICH WOULD HAVE THE RESULT OF CREATING AN OBSTACLE TO THE DIRECT EFFECT OF COMMUNITY REGULATIONS AND OF JEOPARDIZING THEIR SIMULTANEOUS AND UNIFORM APPLICATION IN THE WHOLE OF THE COMMUNITY .

4 . IT CANNOT BE ACCEPTED THAT A MEMBER STATE SHOULD APPLY IN AN INCOMPLETE OR SELECTIVE MANNER PROVISIONS OF A COMMUNITY REGULATION SO AS TO RENDER ABORTIVE CERTAIN ASPECTS OF COMMUNITY LEGISLATION WHICH IT HAS OPPOSED OR WHICH IT CONSIDERS CONTRARY TO ITS NATIONAL INTERESTS . IN THE SAME WAY, PRACTICAL DIFFICULTIES WHICH APPEAR AT THE STAGE WHEN A COMMUNITY MEASURE HAS TO BE PUT INTO EFFECT CANNOT PERMIT A MEMBER STATE UNILATERALLY TO OPT OUT OF OBSERVING ITS OBLIGATIONS .

5 . FOR A STATE UNILATERALLY TO BREAK, ACCORDING TO ITS OWN CONCEPTION OF NATIONAL INTEREST, THE EQUILIBRIUM BETWEEN ADVANTAGES AND OBLIGATIONS FLOWING FROM ITS ADHERENCE TO THE COMMUNITY BRINGS INTO QUESTION THE EQUALITY OF MEMBER STATES BEFORE COMMUNITY BRINGS INTO QUESTION THE DISCRIMINATIONS AT THE EXPENSE OF THEIR NATIONALS, AND ABOVE ALL OF THE NATIONALS OF THE STATE ITSELF WHICH PLACES ITSELF OUTSIDE THE COMMUNITY RULES .

THIS FAILURE IN THE DUTY OF SOLIDARITY ACCEPTED BY MEMBER STATES BY THE FACT OF THEIR ADHERENCE TO THE COMMUNITY STRIKES AT THE FUNDAMENTAL BASIS OF THE COMMUNITY LEGAL ORDER .