Judgment_paragraph 6 · Commission of the European Communities v Federal Republic of Germany (C-131/88)

6It should be pointed out first of all that according to the case-law of the Court (see, in particular, the judgment in Case 363/85 Commission v Italy [1987] ECR 1733), the transposition of a directive into domestic law does not necessarily require that its provisions be incorporated formally and verbatim in express, specific legislation; a general legal context may, depending on the content of the directive, be adequate for the purpose provided that it does indeed guarantee the full application of the directive in a sufficiently clear and precise manner so that, where the directive is intended to create rights for individuals, the persons concerned can ascertain the full extent of their rights and, where appropriate, rely on them before the national courts.

Commission of the European Communities v Federal Republic of Germany (C-131/88)

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