No frustration
The prohibition of frustration is a principle under international and European law , which is intended to prevent measures by a contracting party that run counter to the aim and purpose of a contract. The prohibition unfolds its effectiveness at the level of international law before the ratification of the treaty . In the context of European law , this principle was derived from the Treaty establishing the European Community (EGV) and related to the period before the end of the implementation period of an EU directive . It is based on the idea of prohibiting violations of one's own previous behavior.
international law
A subject under international law who has consented to a treaty may not do anything before the treaty comes into force that would frustrate the aim and purpose of the treaty. This principle results from Article 18 of the Vienna Convention on Contract Law . The effect of the prohibition of frustration begins, for example, with the signing of the corresponding contract .
European law
The Member States of the European Union have during their duty period for implementing a directive refrain into national law from adopting any measures that are appropriate to achieve the in the Directive to provide prescribed target seriously questioned. During this period, you must not, therefore, adopt regulations which, although pursuing the same objective, prevent the introduction of uniform provisions throughout the Community . The European Court of Justice derives this principle from Art. 4 para. 3 subpara. 2 TEU and Art. 288 para. 3 TFEU. If a member state against the frustration prohibition may thus against him infringement procedures are performed. According to the opinion that has not yet been confirmed by the European Court of Justice , the provision issued by the Member State is inapplicable domestically.
