Commission of the European Communities v. Ireland
European Court of Justice
[1982] ECR 3573 (1982)
- Written by Steven Pacht, JD
Facts
In 1976, the European Council (council) issued its Second Directive (directive), which required European Economic Community (EEC) member states to adopt measures regarding public limited-liability companies by December 1978. Ireland (defendant) did not pass (or introduce) implementing legislation by the deadline. In June 1981, the Commission of the European Communities (commission) (plaintiff) brought an action against Ireland in the European Court of Justice, seeking a declaration that Ireland failed to timely comply with the directive. Ireland conceded that it did not meet the directive’s implementation deadline but sought to justify its failure by explaining that the directive’s subject matter was complex and was one of many complex measures that were adopted at the EEC level regarding company law. In June 1982, Ireland noted that it expected legislation implementing the directive to pass both houses of the Irish legislature by the end of July. The advocate general opined that the commission was entitled to the requested declaration notwithstanding Ireland’s apparent imminent compliance.
Rule of Law
Issue
Holding and Reasoning ()
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