The Commission brings proceedings under Article 258 TFEU against Kerry (a fictional Member State) for failure to implement a directive in time. The Kerry government seeks to rely on the following defences:

(a) A draft law has been introduced to implement the directive, but its progress through the national assembly has been suspended because a neighbouring Member State is obstructing imports from Kerry due to a dispute over the precise location of the border between them.

(b) The directive does not require specific implementation in Kerry. Existing national legislation is adequate to meet its requirements whenconstrued in accordance with the text of the directive.

(c) The directive is invalid because it was adopted under the wrong legal basis. How successful do you think these defences are likely to be?