Ministere public v Guy Blanguernon. (Acts of the institutions) [1990] EUECJ C-38/89 (11 January 1990)

Ministere public v Guy Blanguernon. (Acts of the institutions) [1990] EUECJ C-38/89 (11 January 1990)

Legislation of Member States intended to implement the Fourth Council Directive must be brought into force and applied even if other Member States have not yet adopted measures to implement the directive.

Citation
[1990] EUECJ C-38/89
Parties
Defendant: Mr Blanguernon; Company: Pakem
Jurisdiction
European Union
Judgment Date
11 January 1990
Procedural Posture
Preliminary Ruling (criminal Proceedings) / Reference for Preliminary Ruling From Tribunal De Police, Aix Les Bains
Outcome
Preliminary ruling issued; national law implementing the Fourth Directive must be applied regardless of implementation by other Member States.
Legal Topics
Implementation of EU Directives, Annual Accounts of Companies, Reciprocity in EU Law, Harmonization of Company Law
European Union Law Company Law Criminal Law Implementation of EU Directives Annual Accounts of Companies Reciprocity in EU Law Harmonization of Company Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Mr Blanguernon

Defendant

Pakem

Company

Procedural Posture

Preliminary Ruling (criminal Proceedings) / Reference for Preliminary Ruling From Tribunal De Police, Aix Les Bains

Legal Issues

  1. 1 Whether national laws implementing the Fourth Council Directive must be applied even if other Member States have not implemented equivalent legislation

Ratio Decidendi

Legislation of Member States intended to implement the Fourth Council Directive must be brought into force and applied even if other Member States have not yet adopted measures to implement the directive.

Court Disposition

Preliminary ruling issued; national law implementing the Fourth Directive must be applied regardless of implementation by other Member States.