5.2 Two scenarios

223. In the ideal scenario, a Member State has correctly transposed a directive in due time. The implementation measure embeds the rights and obligations that the directive seeks to create for private parties. A private party whose right is infringed by another private party, can invoke the implementation measure and the corresponding national remedy in order to effectuate the right or seek compensation. The directive as such cannot be applied to the horizontal legal relationship; the implementation measure suffices and effective and appropriate remedies are available in national law. The remedies are either – to some extent – dictated by the directive or, in the absence of rules on remedies in Union law, the Member States must provide for appropriate remedies themselves.1 At the very most, the national court can mention the directive to support its decision and to indicate the roots of the national measure, but apart from serving as a tool for interpretation, the directive will not be of any additional value. The case law of the Court of Justice shows, however, that there is a variety of less ideal scenarios that national courts are confronted with. In the following sections, two scenarios are presented, based on case law of the Court of Justice. The discussion regarding these scenarios is a steppingstone to the analysis of the effect of directives in horizontal legal relationships.