CJEU rules on vertical direct effect of InfoSoc Directive and allows national courts to disapply incorrect national transpositions
The IPKat
DECEMBER 8, 2024
IPKat-approved vertical direct effect As students of EU law know, a key principle which the now Court of Justice of the European Union (CJEU) recognized for the first time in the landmark 1963 judgment in Van Gend en Loos is that of direct effect of EU law. Insofar as EU directives are concerned, they do not produce any horizontal direct effect. This means that they cannot be relied upon in private-party proceedings and do not impose obligations on individuals.
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