The direct effect of EU Directives: fresh controversy or a storm in a teacup? Comment on Portgas

Publishers Abstract
The judgment of the Court of Justice in Portgás can be read as adding a new twist to the drawn-out saga on the direct effect of unimplemented directives in EU law. It essentially concludes that a defaulting State can enforce a non-implemented directive against one of its own emanations. Thus, it can be construed as endorsing a new type of direct effect that might be classified as "intermediate" horizontal direct effect. However, the Court reached that conclusion using a rationale based on the duty to ensure the effective implementation of directives that binds the Member States and without explicitly recognising the existence of a new direct effect dimension. This comment evaluates the potential repercussions of the judgment.

• Primary Source

Sweet and Maxwell: European Law Review http://www.sweetandmaxwell.co.uk/catalogue/productdetails.aspx?recordid=427&productid=6968

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