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80/86 Kolpinghuis

[1987] ECR 3969

Case summary last updated at 13/02/2020 21:13 by the Oxbridge Notes in-house law team.

Judgement for the case 80/86 Kolpinghuis

The principle of indirect (horizontal) effect could not be applied by a member state to support the retroactive prosecution of a Dutch firm for stocking adulterated mineral water which was in breach of a Community directive. The implementation period had expired and the Netherlands should have implemented it, but had not. In such circumstances a directive would not give rise to indirect effect.
 
ECJ: Indirect effect may not be used in such a way as will contradict any of the general principles of the EU, such as non-retroactivity and legitimate expectations.

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