DavidM95
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#1
Report Thread starter 6 years ago
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Ok, so there's probably a simple answer to this but I can't for the love of me find it... I've went through case law and just don't know what the answer is.

Problem Scenario


There is a directive which has been incorrectly transposed into domestic law. The implementation period is not yet up.

Can state liability be used as a remedy even though the implementation period hasn't passed?

I'd appreciate your answers! This is the only part of my coursework which I am not 100% sure on.

Thanks
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DavidM95
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Anyone?
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Forum User
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Have you had a look at Inter-Environnement Wallonie ASBL v Région wallonne?
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DavidM95
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(Original post by Forum User)
Have you had a look at Inter-Environnement Wallonie ASBL v Région wallonne?
It's in relation to directives and not in relation to state liability.

It mentions that, during the implementation period states must refrain from adopting measures that are likely to seriously compromise the result prescribed by the directive.
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Yeah, so I'm saying that the incorrect transposition might be a breach of EU law even though the time limit hasn't expired to implement the directive. Whether there is any state liability would then turn on whether the criteria in Brasserie du Pecheur were met, wouldn't it?
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DavidM95
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(Original post by Forum User)
Yeah, so I'm saying that the incorrect transposition might be a breach of EU law even though the time limit hasn't expired to implement the directive. Whether there is any state liability would then turn on whether the criteria in Brasserie du Pecheur were met, wouldn't it?

Yes! Thank you so much
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