'The concept of indirect effect established by the case of Von Colson allows domestic courts to adopt a purposive interpretation of Directives by reading the purpose of the Directive into national legislation. This effectively sidesteps the need for a Directive to have direct effect before an individual can rely on it. The concept is complicated and it is still debatable whether, if domestic case law is deemed clear and unambiguous, domestic courts should go against national law and comply with EU law.'

Question

Quizplus · Accepted Answer

The concept of indirect effect, as established in the case of Von Colson, indeed allows domestic courts to interpret national legislation in a way that aligns with the purpose of an EU Directive, even if the Directive itself does not have direct effect. This means that courts can, and sometimes must, interpret national law in light of the Directive's objectives, thereby potentially avoiding conflicts between national law and EU law. This approach does not directly contravene national law but seeks to harmonize it with EU objectives, thus it does not necessarily involve going against clear and unambiguous national law but interpreting it in a way that complies with EU law.

'The Concept of Indirect Effect Established by the Case of Von