... available under state liability. Directives are problematic as they are not complete legal instruments but are left to member states to implement within a time limit. So they do not create individual rights. The fictitious directive 109/01 in the question was issued in September 2001 with an implementation date of 30th September 2003. It was held by ECJ in Grad v. Finanzamt Traustein (Case 9/70) [1970] ECR 825 that, where the criteria for direct effects are satisfied, decisions and, by implication, directives may be directly effective. The conditions were laid down in Van Gend en Loos v Nederlandse Administratie der Belastingen (Case 26/62) [1963] ECR 1 that the directive must be clear and precise, unconditional and leaving no room for discretion in implementation. However in the current case although the directive is clear, precise and unconditional it gave some discretion as to when it must be implemented. Therefore the directive ...

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