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Faccini Dori v Recreb

[1994] ECR I - 3325 ECJ

Case summary last updated at 05/02/2020 14:40 by the Oxbridge Notes in-house law team.

Judgement for the case Faccini Dori v Recreb

P had subscribed to a language course with a company and later decided to cancel her subscription, which was allowed for by an EU directive. The company refused to cancel her subscription and assigned its rights to Recreb, who went to court to obtain the money from her. Court was unsure whether the EC directive, which had not been transposed into Italian law (despite the time limit for transposition expiring). The ECJ said (1) that the directive was clear, unconditional etc so that it could be said to confer rights; (2) that untransposed directives cannot grant private citizens rights that are enforceable against each other (Marshall- no horizontal direct effect); (3) that, however, following Marleasing, there was indirect effect so that the Italian court had to interpret Italian law within the meaning of the Directive; and (4) where interpretation is not possible and the plaintiff cannot enforce her rights granted by the directive, then the state must compensate her, under Francovich, since it is the state’s liability where someone has lost out because the state has not transposed a directive on time. 

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