40In particular, it is settled case-law that, where the provisions of a directive are, by their subject matter, unconditional and sufficiently precise, individuals are entitled to rely on them against a Member State before the national courts. That applies both where the Member State has failed to implement the directive within the period prescribed or where it has failed to implement the directive correctly (see judgment of 15 February 2017, British Film Institute, C‑592/15, EU:C:2017:117, paragraph 13 and the case-law cited).