Pubblico Ministero v Ratti: ECJ 5 Apr 1979

pubblico_rattiECJ1979

LMA Mr Ratti, a solvent manufacturer, sought to rely on two EC Directives on labelling of dangerous products as a defence to criminal proceedings arguing that his practices were not illegal. (Euro defence).
Held: Since the time limit for implementation of one of the Directives had not expired it was not directly effective. However he could rely on the other Directive for which the implementation date had passed (directive was vertically directly effective once the time limit for implementation was passed). Directives are vertically directly effective but not horizontally directly effective.

1979 1 CMLR 96, C-148/78

European

Leading Case

Updated: 10 November 2021; Ref: scu.132731