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.
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.
A collection of the best GDL notes the director of Oxbridge Notes (an O...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get StartedThese product samples contain the same concepts we cover in this case.
GDL EU Law | Indirect Effect And State Liability Notes (10 pages) |
European Law | Preliminary Reference Procedure Direct Effect Notes (53 pages) |