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Article 249 (ex 189) of the Treaty of Rome 1957 stipulates that directives are binding as to the result to be achieved, but that each individual Member State can use its discretion on how to implement it.
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a) b) Article 249 (ex 189) of the Treaty of Rome 1957 stipulates that directives are binding as to the result to be achieved, but that each individual Member State can use its discretion on how to implement it. Consequently, the UK is obliged by law to implement the directive. The European Court of Justice stated in Van Gend en Loos v Nederlandse Administratie der Belastingen (Case 26/82) [1963] ECR 1 that the EC constitutes a new legal order, binding on its members, and which therefore must take precedence over domestic laws if a conflict should arise, so that international obligations are fulfilled. Directives confer obligations on the State, and cannot be used by individuals in pursuit of a claim against another individual. If the factory was part a public body (such as a gas works, which was defined as such in Foster v British Gas plc (case C-188/89) [1990]...
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