Judgment_paragraph 50 · Presidenza del Consiglio dei Ministri and Others v Gianni Pantuso and Others (C-616/16, C-617/16)

50In that regard, retroactive application in full of the measures implementing Directive 82/76 will enable the harmful consequences of its belated transposition to be remedied, provided that the directive was properly transposed. However, it is for the national court to ensure that reparation of the loss or damage sustained by the beneficiaries is adequate. Retroactive and proper application in full of the measures implementing Directive 82/76 will suffice for that purpose unless the beneficiaries establish the existence of complementary loss sustained on account of the fact that they were unable to benefit at the appropriate time from the financial advantages guaranteed by that directive with the result that such loss must also be made good (see, to that effect, judgments of 25 February 1999, Carbonari and Others, C‑131/97, EU:C:1999:98, paragraph 53, and of 3 October 2000, Gozza and Others, C‑371/97, EU:C:2000:526, paragraph 39).