... the Commission to take proceedings under Article 226 (ex 169) EC against the Member State for failing to do so. The cases of Van Gend en Loos (Case 26/62)1, Von Colson (Case14/83)2 and Francovich (Cases C-6/90 & C-9/90) are three precedential cases which have played important parts in providing avenues which now enable private party applicants to enforce Community rights given to them by various provisions of EC law in their national courts. Although Community law is part of our legal system and is therefore directly applicable in the UK, not all Community law is directly effective, that is to say, capable of judicial enforcement. The Court of Justice has ruled in a number of cases that for a Treaty Article, Regulation or Decision to be directly effective, it must be sufficiently clear and unconditional for reliance to be placed on it, and there must be no scope for the ...

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