On the grounds justifying non-transposition of EU Directive in the context of critical analysis of the CJEU judgement C-343/08
2014
Abstract
The contribution deals with the grounds that can possibly justify non-transposition of EU directives. In the context of critical analysis of the CJEU judgement C-343/08 it is argued that there was no good reason for the CJEU to reject as justifying grounds one special case of the pointlessness of the transposition.
Namely the pointlessness because an activity referred to in a directive does not yet exist in a Member State due to an EU law compatible national legal obstacle for such activity in that State.