This case concerned an inadequately implemented working time directive (the implementing legislation contained improper exceptions). ECJ confirmed that legislation post-dating (as well as legislation predating) the directive still had to be interpreted in a harmonious way, and that this obligation applies to the national legal system as a whole, and not just to specific legislation. “[T]he principle of interpretation in conformity with Community law thus requires the referring court to do whatever lies within its jurisdiction, having regard to the whole body of rules of national law” so as to make the directive “fully effective”. The aim is to achieve an outcome consistent with that of the directive.
