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Law Cases
European Law Cases
The relationship between ec law and national law Cases

148/78 Ratti [1979] ECR 1629

Country:
United Kingdom
By Oxbridge Law Team
ECJ

  • If the time limit given for the implementation of the directive has not expired, it cannot have direct effect.

  • Directives were directly effective only if the prescribed date, by which the Member State should have implemented it, had passed.

  • Additionally, in instances where the Member State has introduced the required legislation, but has done so defectively, the directive may still be directly effective

ECJ

  • Reasoning of estoppel used: member states were estopped from relying on their failure to implement a directive so as to refuse to recognise the directive in court.

  • Thus the member states could not refuse to recognise directives by failure to implement them.

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