Under what condition can someone successfully claim under vertical direct effect?

Vertical direct effect occurs when individuals can rely on European Union (EU) directives in legal actions against the state or public bodies. The correct condition for successfully claiming under vertical direct effect is when directives have not yet been fully implemented but the relevant rights conferred by the directive are clear and unconditional.

In this context, option B describes a situation where the rights established by the directive exist, even if the directive's implementation has not been completed. This principle was established in cases such as Van Duyn v Home Office, where the Court of Justice of the European Union (CJEU) affirmed that individuals could invoke EU directives against the state, provided the directives create rights that are specific and actionable, even without complete domestic implementation.

The other options do not align as closely with the principles surrounding vertical direct effect. For instance, while full implementation of directives by the state is positive and relevant, it does not pertain to the concept of direct effect, rendering the first option less applicable in relation to the question. Similarly, a legal dispute with a private party or rulings against the state do not directly facilitate the vertical direct effect of directives on individual rights. Therefore, the essence of vertical direct effect is directly captured by option B, emphasizing rights that exist