ABSTRACT
Not all provisions of EC law have direct effect. The ECJ has developed various conditions which must be fulfilled before EC law can be directly effective. These can be listed as follows: • the provision must impose a clear and unambiguous obligation upon Member States; • the obligation must be unconditional; • the obligation must not be dependent upon further implementing measures being
taken either by the Community or by Member States; • Member States must not be left with any discretion as to the implementation of the
obligation; • the provision must confer a legally enforceable right upon an individual.
