THE EFFECT OF EUROPEAN
DIRECTIVES
European
Directives
Member
State
Individual
Directives bind Member States
in terms of the outcome that is
sought- but it’s up to each
member state as to how they
implement it (Article 249)
If a directive is not
implemented on time it
has vertical direct effect
only – so can only be used
against the state, not
against other individuals.
This includes an
emanation of the State –
Marshall v Southampton
Area Health Authority
Individual
However, if you cannot enforce a
directive against an individual
because the government have not
implemented it, you can sue the
government to recover financial
loss – Francovich v Italy