Case: Judgment in Case C-64/20 UH v An tAire Talmhaíochta Bia agus Mara, Éire and An tArd-Aighne
A Member State court is required to exercise the power conferred on it by national law to make a declaration that that Member State has failed correctly to transpose a directive and is required to take remedial steps in that regard
That court cannot disregard the obligation imposed on that Member State to transpose a directive on the ground that that transposition is purportedly disproportionate as a result of forthcoming changes in the requirements arising from EU law
Decision
Article 288 TFEU must be interpreted as precluding a national court – which, in the context of proceedings laid down in national law for that purpose, finds that the Member State to which it pertains has failed to fulfil its obligation to transpose correctly Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products, as amended by Directive 2004/28/EC of the European Parliament and of the Council of 31 March 2004 – from refusing, on the ground that it appears to it that the national legislation is consistent with Regulation 2019/6 which repeals that directive and will apply with effect from 28 January 2022, to make a declaration that that Member State has not correctly transposed that directive and is required to take remedial steps in that regard.
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