C-268/06 Impact [2008] ECR I-2483

(See the rule against contra legem interpretation): Ireland implemented a directive into national legislation a year after the deadline. Irish law generally prohibits retroactivity.

Plaintiffs had a claim against the state based on the directive (vertical direct effect), since the claim arose from before the implementing legislation came in.

ECJ held that those relying on directives to bring claims should not be subject to any additional procedural requirements that puts them at a procedural disadvantage.

• In this case specifically it meant that employment tribunals had to have jurisdiction to hear claims based on unimplemented directives.

On direct effect, ECJ held that the principle contained in the directive of ‘non-discrimination’ was sufficiently clear, etc. to have direct vertical effect.

• However, the clause that was incapable of direct effect (continuous employment clause) was still capable of indirect effect, requiring national legislation to be interpreted consistently with wording and aims of directive as far as possible.