Europees recht – Inter-Environnement Wallonie

Facts

The non-profit environmental association Inter-Environnement Wallonie is an association active in Walloon Belgium. The association sought the annulment of the Order of the Walloon regional Executive of 9 April 1992 on toxic or hazardous waste. Waste was defined as ‘All substances or objects in the categories set out in Annex I which the holder discards or intends or is required to discard’.

Legal question

What are the legal consequences if the Member State, Belgium, incorrectly implements the Directive before the expiry of the transposition period?

Rule of law

Member States have the obligation to take all the measures necessary to achieve the result prescribed by the directive. In this case the CJEU has held that the Member State was allowed to not take implementation measures until the expiry of the transition period. This was allowed in the situation that the Member State was seriously trying to carry out the implementation in the correct manner. The goal of an implementation period is to give Member States the necessary time to adopt measures. Member States cannot be faulted for not implementing the directive before expiry of that period.