Commission of the European Communities v. Ireland
European Court of Justice
[1993] 1 CMLR 320 (1992)
- Written by Steven Pacht, JD
Facts
European Council Directive 87/328 (directive) required European Economic Community (EEC) member states to accept pure-bred bovines for breeding purposes by January 1, 1989. Ireland (defendant) did not meet this deadline. The Commission of the European Communities (commission) (plaintiff) sued Ireland, seeking a declaration that Ireland had failed to implement the directive. Ireland conceded that it had not enacted legislation to implement the directive but argued that it was observing the directive in practice. The commission responded that Ireland was required to adopt legislation to implement the directive. The advocate general recommended that the court rule for the commission on the ground that mere administrative practices were inherently alterable at will by the authorities, were not publicized appropriately, and thus were insufficient to satisfy an EEC member state’s obligation to implement a European Council directive.
Rule of Law
Issue
Holding and Reasoning ()
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