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Direct Effect (Conditions for direct effect (reynersdutchman obtained…

- - - - Marleasing 2 private parties before domestic court, interpretation of national law would not impose penal liability in light of unimplemented directive - unimplemented directive could influence interpretation of the national law
    - - Pfeiffer obligation applies to national legal system as a whole- should ensure directive is fully effective
  - - - uncertainty
      - should not be bound by general principle if not bound by obligations from directives
- - - - sufficiently clear, precise and uncodnitional
      - individuals can rely on directives where member state fully exercised its discretion
    - - inter-environment Wallonie states not obliged to implement directive before period for transposition has expired
      - don't apply retroactively before time limit has expired
    - - Marshall direct effect of a directive could be pleaded only against the state and not against an individual - not convincing
      - horizontal direct effect - could erode distinction between regulations and directives
        
        not necessarily true - key distinction choice of form and metods
      - Legal Certainty argument -only applies if sufficiently clear, precise and uncomdnitional