Faccini Dori v Recreb Srl
A directive cannot be relied on against a private individual, even where the Member State has failed to implement it, although the claimant may have other remedies.
Facts
Ms Faccini Dori was approached by a salesman at Milan railway station, and agreed to buy an English language correspondence course. A few days later she changed her mind and cancelled the contract. Under an EU directive on contracts negotiated away from business premises, she had a right to cancel within seven days, but Italy had not implemented the directive. The company that had bought the contract, Recreb, sued her for the price.
Legal principle
The Court of Justice held that she could not rely on the directive against Recreb, because directives do not have horizontal direct effect. It confirmed the decision in Marshall, saying that the effect of extending direct effect to relations between individuals would be to recognise a power in the EU to enact obligations for individuals with immediate effect, whereas it has competence to do so only where it is empowered to adopt regulations. However, the national court must interpret national law in line with the directive as far as possible, and if that was impossible, she might be able to claim damages from Italy under Francovich.
Related cases on direct effect of directives
- Becker v Finanzamt Münster-Innenstadt Case 8/81, [1982] ECR 53
- CIA Security International SA v Signalson SA Case C-194/94, [1996] ECR I-2201
- Dansk Industri (DI), acting on behalf of Ajos A/S v Estate of Karsten Eigil Rasmussen Case C-441/14, EU:C:2016:278
- Egenberger v Evangelisches Werk für Diakonie und Entwicklung eV Case C-414/16, EU:C:2018:257
- Farrell v Whitty Case C-413/15, EU:C:2017:745
- Foster v British Gas plc Case C-188/89, [1990] ECR I-3313
- Fratelli Costanzo SpA v Comune di Milano Case 103/88, [1989] ECR 1839
- Johnston v Chief Constable of the Royal Ulster Constabulary Case 222/84, [1986] ECR 1651
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