Case C-91/92 Faccini Dori [1995]

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
RELATED CASE  Case 148/77 Hansen v Hauptzollamt de Flensburg (Taxation of Spirits) [1978]

Posted in EU Law Revision Notes.

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