70Although Paragraph 4(1)(3)(a) of the MinöStG is a measure transposing Article 8(1)(b) of Directive 92/81, it is an act of the Member State and therefore a measure imputable to the State in accordance with Article 87(1) EC (see, in that regard, Case C-208/90 Emmott [1991] ECR I-4269, paragraph 21, and Case C-37/92 Vanacker and Lesage [1993] ECR I-4947, paragraph 7). The applicant observes that under Article 249 EC, a directive is binding only as to the result to be achieved, whilst the choice of the form and methods of transposition is left to the national authorities. Therefore, contrary to the Commission's assertion, there cannot be such a thing as a directive which leaves no room for manoeuvre to the State.
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