Avis juridique important

Judgment of the Court of 16 May 1991. - Commission of the European Communities v Grand Duchy of Luxembourg. - Failure to implement a directive - Mutual recognition of diplomas and coordination in the field of pharmacy. - Case C-168/90. European Court reports 1991 Page I-02539 Pub.RJ Page Pub somm

Summary Parties Operative part

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1. Member States - Obligations - Implementation of directives - Failure to implement - Justification - None

(EEC Treaty, Art. 169)

2. Measures adopted by the Community institutions - Directives - Implementation by the Member States - Inadequacy of mere administrative practices

(EEC Treaty, third paragraph of Art. 189)

1. According to well-established case law, a Member State may not plead provisions, practices or circumstances existing within its internal system in order to justify a failure to comply with obligations and time-limits laid down by Community directives.

2. Mere administrative practices, which by their nature may be altered at the whim of the authorities and lack the appropriate publicity, cannot be regarded as a valid fulfilment of the obligation imposed by Article 189 of the Treaty on Member States to which the directives are addressed (see judgment in Case 145/82 Commission v Italy [1983] ECR 711).

In Case C-168/90,

Commission of the European Communities, represented by Étienne Lasnet, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of Guido Berardis, a member of the Commission' s Legal Department, Wagner Centre, Kirchberg,

applicant,

v

Grand Duchy of Luxembourg, represented by Raymond Mousty, Senior Government Adviser at the Ministry of Health, acting as Agent, with an address for service in Luxembourg at the offices of that Ministry, 57 and 90 Boulevard de la Pétrusse,

defendant,

APPLICATION for a declaration that, by failing to either notify or to adopt before 1 October 1987, with the exception of the measures provided for in Articles 15 and 17, the measures necessary to comply with Council Directive 85/433/EEC of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy (Official Journal L 253, p. 37), amended by Council Directive 85/584/EEC of 20 December 1985 on account of the accession of Spain and Portugal (Official Journal L 372, p. 42), the Grand Duchy of Luxembourg has failed to fulfil its obligations under the EEC Treaty,

THE COURT,

composed of: O.Due, President, G.F. Mancini, T.F. O' Higgins and G.C. Rodríguez Iglesias (Presidents of Chambers), Sir Gordon Slynn, R. Joliet, F.A. Schockweiler, F. Grévisse and M. Zuleeg, Judges,

(The grounds of the judgment are not reproduced.)

hereby:

1. Declares that, by failing to adopt within the prescribed periods the provisions necessary to implement Council Directive 85/433/EEC of 16 September 1985 and Council Directive 85/584/EEC of 20 December 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy, the Grand Duchy of Luxembourg has failed to fulfil its obligations under the EEC Treaty;

2) Orders the Grand Duchy of Luxembourg to pay the costs.