ABSTRACT
The test of precision is concerned with understanding the meaning or wording of the directive. “Precise”, however, is necessarily to be confused with “unambiguous”. The clearest case of an unconditional provision is one where the obligation is detailed and exhaustively stated. As explained by Advocate General Fennelly, although the individual had a direct interest in the application of the Directive in the sense that he would benefit if, by reason of the directive, the national regulation were disapplied, this was an interest which arose by reason of Community law. The nature of privately-funded “public” bodies has been examined by the Court of Appeal in two cases. In one, it considered the status of a voluntary-aided Church of England school operating within the state system. The English courts have had to confront this issue, with differing results, in the context of the Community law obligation to require an environmental statement before the grant of planning permission in certain circumstances.
