Judgment_paragraph 108 · Berlington Hungary Tanácsadó és Szolgáltató kft and Others v Magyar Állam (C-98/14)

108In that regard, it is apparent from the case-law that, although Directive 98/34 is intended to ensure the free movement of goods by organising a preventive control the effectiveness of which requires the disapplication, in the context of a dispute between individuals, of a national measure adopted in breach of Articles 8 and 9 thereof, that directive does not in any way define the substantive scope of the legal rule on the basis of which the national court must decide the case before it. Thus, that directive creates neither rights nor obligations for individuals (judgment in Unilever, C‑443/98, EU:C:2000:496, paragraph 51).