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61997J0319 European Court reports 1999 Page I-03143 7 33 It must be noted that Article 100a(4) of the Treaty is silent as to the time within which the Commission must adopt a position with regard to provisions of national law which have been notified. The Commission's freedom from temporal constraints is further substantiated by the fact that the Community legislature found it necessary, in the Treaty of Amsterdam, to limit to six months the time available to the Commission for verification of such provisions. However, it is common ground that no such time-limit was in operation at the time when the Kingdom of Sweden notified to the Commission its request for derogation from the Directive. 34 However, the fact that there was no time-limit could not absolve the Commission from the obligation to act with all due diligence in discharging its responsibilities, particularly as Article 100a(4), first paragraph, of the Treaty concerns provisions of national law which a Member State considers to be justified by major needs referred to in Article 36 of the Treaty or relating to protection of the environment or the working environment. 35 In those circumstances, implementation of the notification scheme provided for in Article 100a(4) requires the Commission and the Member States to cooperate in good faith. It is incumbent on Member States under Article 5 of the EC Treaty (now Article 10 EC) to notify as soon as possible the provisions of national law which are incompatible with a harmonisation measure and which they intend to maintain in force. The Commission, for its part, must demonstrate the same degree of diligence and examine as quickly as possible the provisions of national law submitted to it. Clearly, this was not the case with respect to the examination of the notified provisions at issue in the main proceedings. 36 Although failure on the part of the Commission to act with due diligence following a notification effected by a Member State under Article 100a(4) of the Treaty may therefore constitute a failure to fulfil its obligations, it cannot affect full application of the directive concerned. 37 If the Member State considers the Commission to be in breach of its obligations, it may, in accordance with the provisions of the Treaty, in particular Article 175 of the EC Treaty (now Article 232 EC), bring proceedings before the Court for a declaration to that effect and, where appropriate, may apply for interim relief. 38 The answer to the second and third questions must therefore be that the direct effect of a directive, where the deadline for its transposition into national law has expired, is not affected by the notification made by a Member State pursuant to Article 100a(4) of the Treaty seeking confirmation of provisions of national law derogating from the directive, even where the Commission fails to respond to that notification. DOCNUM 61997J0319 AUTHOR Court of Justice of the European Communities FORM Judgment TREATY European Economic Community TYPDOC 6 ; CJUS ; cases ; 1997 ; J ; judgment PUBREF European Court reports 1999 Page I-03143 © An extract from a JUSTIS database 288
61997J0319 European Court reports 1999 Page I-03143 8 DOC 1999/06/01 LODGED 1997/09/16 JURCIT 61981J0008-N25 : N 21 61988J0103-N29 : N 21 11992E100A-P4 : N 1 6 14 19 24 - 28 33 - 38 11992E100A : N 20 23 61993J0041-N29-30 : N 28 11994N151 : N 8 9 31994L0036-A02P1 : N 4 31994L0036-A02P2 : N 4 31994L0036 : N 1 61994J0246-N17 : N 21 11997E010 : N 35 11997E232 : N 37 11997E234 : N 16 17 CONCERNS Interprets 11992E100A Interprets 11992E100A-P4 SUB Approximation of laws AUTLANG Swedish OBSERV Sweden ; Denmark ; France ; Netherlands ; Austria ; Finland ; Commission ; Member States ; Institutions NATIONA Sweden NATCOUR *A9* Landskrona tingsrätt, beslut den 06/08/1997 (B 233-96) NOTES Bugge, Nils: Nederlandse staatscourant 1999 no 157 p.2 Berrod, F.: Europe 1999 Août-Sept. Comm. no 291 p.16-17 Sevenster, H.G.: Nederlands tijdschrift voor Europees recht 1999 p.207-210 Levis, Lara: Review of European Community & International Environmental Law 1999 p.347-349 Epiney, Astrid: Zeitschrift für das gesamte Lebensmittelrecht 1999 p.619-624 Mortelmans, K.J.M.: S.E.W. ; Sociaal-economische wetgeving 2000 p.259-261 PROCEDU Reference for a preliminary ruling ADVGEN Saggio JUDGRAP Jann DATES of document: 01/06/1999 of application: 16/09/1997 © An extract from a JUSTIS database 289
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