The Grand Chamber of the Court of Justice held at 49. A national court, hearing a dispute between private persons, which finds itself unable to interpret provisions of its national law in a manner that is compatible with a directive, is not obliged, solely on the basis of EU law, to disapply the provisions of its national law which are contrary to those provisions of that directive that fulfill all the conditions required for them to produce a direct effect and thereby to extend the possibility of relying on a provision of a directive that has not been transposed, or that has been incorrectly transposed, to the sphere of relationships between private persons.
Critically assess the development by the Court of Justice of the doctrine of indirect effect, taking into account the Court’s rationale for same, as well as the limitations of the doctrine as a means for individuals to vindicate their EU-Law rights before Member-State courts.