60It should, however, be recalled, as has already been pointed out in paragraphs 28 and 29 of the present judgment, that a national court, hearing a dispute between private persons, which finds itself unable to interpret provisions of its national law which are consistent with a directive which has not been transposed or has been incorrectly transposed, is not required, solely on the basis of EU law, to disapply those national provisions which are contrary to the provisions of that directive. The party injured as a result of the domestic legislation’s lack of compliance with the directive may nevertheless rely on the case-law stemming from the judgment of 19 November 1991, Francovich and Others (C‑6/90 and C‑9/90, EU:C:1991:428), in order to obtain from the Member State, where appropriate, compensation for the damage suffered (see, to that effect, judgment of 7 August 2018, Smith, C‑122/17, EU:C:2018:631, paragraphs 49 and 56).
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