Facts
- Italy failed to implement a directive harmonising the rules on solvent labelling
- Ratti complied with the directive’s rules, in breach of the Italian rules
Issue
- Could Ratti appeal against his criminal conviction for breaching law which is incompatible with EU law?
Decision
- Yes, conviction should be quashed
Reasoning
- Where a Member State fails to act in accordance with its EU obligations, it may not rely on its own wrongdoing
- The unimplemented directive became vertically directly effective on Ratti
