THE PLAINTIFFS . THEIR GRIEVANCE IS MERELY THAT OTHERS HAVE BEEN GRANTED RELIEF BEYOND WHAT COMMUNITY LAW AUTHORIZES AND THEIR CLAIM IS RATHER INTENDED TO ENSURE THAT OTHER PERSONS HAVE THEIR OBLIGATIONS ENFORCED .
ACCORDING TO THE UNITED KINGDOM THE FAILURE BY A MEMBER STATE ADEQUATELY TO ENFORCE A PARTICULAR PROVISION OF COMMUNITIY LAW AGAINST OTHER PERSONS WITHIN ITS JURISDICTION MAY IN CERTAIN CASES CONSTITUTE A CERTAIN INFRINGEMENT FOR WHICH THE PROPER REMEDY LIES IN APPROPRIATE ACTION IN THE COMMUNITY SPHERE BY ONE OF THE ORGANS OF THE COMMUNITY OR BY ANOTHER MEMBER STATE . IT IS NOT AN INFRINGEMENT FOR WHICH COMMUNITY LAW AS SUCH AFFORDS A REMEDY TO THE PRIVATE CITIZEN THROUGH AN ACTION IN HIS NATIONAL COURTS . HOWEVER MUCH HE MAY BE MATERIALLY PREJUDICED BY IT , NO RIGHT THAT HAS BEEN DIRECTLY CONFERRED ON HIM BY COMMUNITY LAW HAS BEEN VIOLATED . THIS IS NOT TO SAY , HOWEVER , THAT THERE CAN BE NO CIRCUMSTANCES IN WHICH HE HAS A REMEDY IN HIS NATIONAL COURTS . IT MAY BE THAT THE INVALIDITY OF THE ACTION ( OR INACTION ) OF HIS NATIONAL AUTHORITIES WHICH IS A CONSEQUENCE OF ITS INCOMPATIBILITY WITH COMMUNITY LAW DOES GIVE RISE , IF CERTAIN CONDITIONS ARE SATISFIED , TO A RIGHT OF ACTION ON HIS PART AND DOES ENTITLE HIM TO CERTAIN REMEDIES . BUT WHETHER THAT IS SO , AND WHAT THOSE CONDITIONS ARE , AND WHAT THOSE REMEDIES MAY BE , ARE ALL MATTERS WHICH ARE TO BE DECIDED BY THE NATIONAL COURT IN ACCORDANCE WITH NATIONAL LAW . IN THE UNITED KINGDOM THE LAW RELATING TO THE RIGHT OF A CITIZEN TO COMPEL PUBLIC AUTHORITIES TO ACT TO ENFORCE THE LAW OR FOR A DECLARATORY JUDGMENT AS TO THE DUTY TO ENFORCE IT DEPENDS ON HIS ABILITY TO SHOW A SPECIAL INTEREST IN THE SUBJECT-MATTER BEYOND THAT OF THE PUBLIC GENERALLY .
WITH REGARD TO THE SECOND PART OF THE ORDER WHICH CONCERNS TURNOVER TAX AND EXCISE DUTY , WHAT IS AT ISSUE IS A DIRECTIVE AND NOT DIRECTLY APPLICABLE REGULATIONS . NEVERTHELESS THE UNITED KINGDOM SUBMITS THAT THE CONSIDERATIONS SET OUT WITH REGARD TO REGULATIONS APPLY WITH EQUAL FORCE WHERE THE INSTRUMENT IN QUESTION IS A DIRECTIVE .
IT IS FOR THE MEMBER STATES TO IMPLEMENT DIRECTIVES CHOOSING THEIR OWN FORM AND METHOD FOR DOING SO . DIRECTIVES ARE ADDRESSED TO MEMBER STATES AND CLEARLY CANNOT BIND INDIVIDUALS DIRECTLY OR A FORTIORI ENABLE AN INDIVIDUAL TO COMPEL BY A PRIVATE ACTION IN THE COURTS OF A MEMBER STATE , THE ENFORCEMENT ON OTHER INDIVIDUALS OF A LAW WHICH EX HYPOTHESI DOES NOT YET EXIST .
THE GOVERNMENT OF THE UNITED KINGDOM SUBMITS THAT THE COURT HAS FREQUENTLY RECOGNIZED THAT DIRECTIVES , IF THEY ARE SUFFICIENTLY PRECISE , MAY BE DIRECTLY EFFECTIVE TO ENABLE A CITIZEN TO INVOKE THEIR PROVISIONS AGAINST A DEFAULTING MEMBER STATE ENDEAVOURING TO ENFORCE AGAINST HIM PERSONALLY INCONSISTENT NATIONAL MEASURES ( JUDGMENT OF 5 APRIL 1979 IN CASE 148/78 , PUBBLICO MINISTERO