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EU Law Advice - Direct Effect

Hi fellow laywers,

I've got a coursework on direct effect of directives and I have a quick question; can a directive be enforced against an individual by an authority - I'm pretty sure it can't happen but can't find it anywhere in my notes. Any case law supporting this would be mightily appreciated :biggrin:

Peace out sugar mouse

Reply 1

Copernican

Directives can only have direct effect against states...

Your textbook should give you the relevant cases etc. necessary to adequately answer your question, then searching lexis etc. you should find further support.

Reply 2

TimmonaPortella

In Ratti, the ECJ gave the rationale for the vertical direct effect rule that the member state cannot rely on its own failure as against a citizen. How does this fit with the imposition of a directive directly upon citizens by the state?

I don't think there's any case law specifically ruling this out, because it's never, as far as I'm aware, come up.

Note by analogy that the duty of consistent interpretation only applies "upwards". Kolpinghuis Nijmegen [1987] ECR 3969