... grant rights to individuals; this means that a directive can be invoked to protect individuals in the courts, even when the State has failed to implement the directive. The object of allowing direct effect in such cases is to prevent the defaulting Member State from benefiting from their failure to implement, and subsequently encourage the Member State to implement the provision forthwith. All provisions of EC law containing a binding legal obligation are capable of judicial enforcement, i.e. direct effect in the courts, provided they meet three conditions. The provisions contained in the directive must be: i. sufficiently clear and precise, ii. unconditional, iii. the State must have failed to implement the directive or failed to implement the directive completely. The Horticulture Standards directive would appear to be sufficiently precise and unconditional on it's new rules relating to tomatoes and cucumbers; it specifies a minimum circumference and weight for tomatoes and dictates that cucumbers ...

See this essay or coursework document in full right now