ECJ again ruled that unimposed directives cant impose obligations on individuals. It said that unimplemented directives cannot be relied on as such against accused persons by the authorities of a Member State within the context of criminal proceedings for the purpose of assessing whether criminal provisions, that are more favourable to accused persons and entered into force after the offences in question had been committed, are compatible with that [treaty] provision in the case where their incompatibility could have the effect of setting aside application of the system of more lenient penalties provided for by those provisions. A directive cannot, of itself and independently of national legislation adopted by a Member State for its implementation, have the effect of determining or increasing the criminal liability of those accused persons.
