Once the time limit for implementation has passed, directives are capable of having direct effect even if they have not been implemented into national law.
Case 41/74 Van Duyn v Home Office [1974] ECR 1337
‘It would be incompatible with the binding effect attributed to a directive by Article [288 TFEU] to exclude, in principle, the possibility that the obligation which it imposes may be invoked by those concerned. It is necessary to examine, in every case, whether the nature,
general scheme and wording of the provision in question are capable of having direct effects
on the relations between Member States and individuals.’
In essence, the Court is saying that, as directives are binding, they should be enforceable in national courts once the time limit for implementation has passed. Furthermore, the Court is stating that that the Van Gend criteria (clear, precise and unconditional) also apply to directives.
The Court did add an extra criterion to be considered in the case of directives, namely that the time limit for implementation must have passed.
Case 148/78 Ratti [1979] ECR 1629 ‘a Member State which has not adopted the implementing measures required by the directive in the prescribed periods may not rely, as against individuals, on its own failure to perform the obligations which the directive entails.’