148/78 Ratti [1979] ECR 1629

• 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.