RECHNUNGSHOF V. OSTER REICHISCHER RUNDFUNK, 20.5.2003 (“RUNDFUNK”)

Direct applicability of Directive 95/46: Wherever provisions of a directive appear to be unconditional and sufficiently precise, they may, in the absence of implementing measures adopted within the prescribed period, be relied on against any incompatible national provision, or insofar as they define rights which individuals are able to assert against the State. (¶ 98)

On this point, it should be noted that wherever the provisions of a directive appear, so far as their subject-matter is concerned, to be unconditional and sufficiently precise, they may, in the absence of implementing measures adopted within the prescribed period, be relied on against any national provision which is incompatible with the directive or in so far as they define rights which individuals are able to assert against the State (see, inter alia, Case 8/81 Becker [1982] ECR 53, paragraph 25, and Case C-141/00 Kügler [2002] ECR I-6833, paragraph 51).