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European Law Review 1994 Article HORIZONTAL EFFECT OF DIRECTIVES: A MISSED OPPORTUNITY Takis Tridimas. Copyright (c) 1994 Sweet & Maxwell Limited and Contributors Case: Faccini Dori v Recreb Srl Times, August 4, 1994 (ECJ) Legislation: Council Directive 85/577 to protect the consumer in respect of contracts negotiated away from business premises Keywords: Consumer protection; Contracts; Direct effect; EEC law Abstract: Reasoning behind and implications of ECJ decision that Directives may not give rise to rights enforceable by one individual against another. *621 In its judgment in Faccini Dori, OFN1y the Court did not follow the Opinion of Advocate General Lenz and confirmed its previous case law that directives may not produce horizontal direct effect. The judgment comes after the Opinion of Advocate General Van Gerven in Marshall II OFN2y and the Opinion of Advocate General Jacobs in Vaneetveld OFN3y where, by way of obiter dicta, the Advocates General took the view that directives should be capable of producing horizontal direct...

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