Link: 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 (europa.eu)

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Court of Justice of the European Union

PRESS RELEASE No 42/21

Luxembourg, 17 March 2021

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

UH, an Irish citizen and a native Irish speaker from the Galway Gaeltacht (the Irish-speaking region of Co. Galway, Ireland), claimed that the information accompanying veterinary medicinal products was written exclusively in the English language. He takes the view that Directive 2001/82 1 requires that information to be in both of the official languages of Ireland, namely Irish and English. On 14 November 2016, UH requested that the Ard-Chúirt (High Court, Ireland) make a declaration that Directive 2001/82 was incorrectly transposed and that Ireland was under an obligation to amend its legislation accordingly. 

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