Facts
- Faccini Dori concluded an English language course contract when away from home, which was prohibited under a directive
- Italy had not implemented the directive (as it should have done years earlier)
Issue
- Could the contract be avoided?
Decision
- No
Reasoning
- Directives do not have horizontal effect
- However, Faccini Dori could recover her losses from Italy under the doctrine of state liability for its wrongdoing
