Criminal proceedings against Kolpinghuis Nijmegen BV. (Measures Adopted By The Institutions ) [1987] EUECJ R-80/86 (8 October 1987)

Criminal proceedings against Kolpinghuis Nijmegen BV. (Measures Adopted By The Institutions ) [1987] EUECJ R-80/86 (8 October 1987)

A national authority may not rely, as against an individual, upon a provision of a directive whose necessary implementation in national law has not yet taken place. National courts must interpret national law in light of the directive to achieve its result, but a directive cannot, by itself and without national implementation, determine or aggravate criminal liability.

Citation
[1987] EUECJ R-80/86
Parties
Defendant: Undertaking running a cafe (accused); Prosecutor: Officier van Justitie (Public Prosecutor)
Jurisdiction
European Union
Judgment Date
08 October 1987
Procedural Posture
Preliminary Ruling (article 177 Eec) / Reference From Arrondissementsrechtbank, Arnhem
Outcome
Preliminary ruling issued; national authority may not rely on unimplemented directive against individual; national courts must interpret national law in light of directive but not to aggravate criminal liability; implementation period expiry irrelevant.
Legal Topics
Direct Effect of Directives, Implementation of EU Directives, Interpretation of National Law in Light of Directives, Criminal Liability and Directives
European Union Law Criminal Law Direct Effect of Directives Implementation of EU Directives Interpretation of National Law in Light of Directives Criminal Liability and Directives

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Parties

Undertaking running a cafe (accused)

Defendant

Officier van Justitie (Public Prosecutor)

Prosecutor

Procedural Posture

Preliminary Ruling (article 177 Eec) / Reference From Arrondissementsrechtbank, Arnhem

Legal Issues

  1. 1 Whether a national authority may rely on an unimplemented directive against an individual
  2. 2 Whether a national court must give direct effect to a directive not yet implemented
  3. 3 Whether national courts must interpret national law in light of an unimplemented directive

Ratio Decidendi

A national authority may not rely, as against an individual, upon a provision of a directive whose necessary implementation in national law has not yet taken place. National courts must interpret national law in light of the directive to achieve its result, but a directive cannot, by itself and without national implementation, determine or aggravate criminal liability.

Court Disposition

Preliminary ruling issued; national authority may not rely on unimplemented directive against individual; national courts must interpret national law in light of directive but not to aggravate criminal liability; implementation period expiry irrelevant.

Orders

  • A national authority may not rely, as against an individual, upon a provision of a directive whose necessary implementation in national law has not yet taken place.
  • In applying its national legislation, a court of a member state is required to interpret that legislation in the light of the wording and the purpose of the directive in order to achieve the result referred to in the third paragraph of Article 189 of the Treaty, but a directive cannot, of itself and independently of...