Is there any point in a body of law providing rights that cannot be accessed by individuals? If a prohibition needs a procedure to make it effective in practice, this was the job for which direct effect was originally introduced. This chapter will consider the application of direct effect to primary and secondary Union law. It will only explore binding EU law – it was clearly stated in Grimaldi that recommendations and opinions could not have direct effect as they are not binding. This prevented Mr Grimaldi from relying upon two Commission recommendations which dealt with occupational diseases. Although the recommendations recognised his particular malady, the Belgian Occupational Diseases Fund did not, with the consequence that he was unable to receive compensation. The recommendations were deemed to be clear, unconditional and precise, but it is clear from the wording in Article 288 TFEU that these are not binding. The CJ therefore decided that the recommendations did not create rights upon which individuals may rely before a national court.
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