In its judgment of 26 September 2000, in case C-443/98, Unilever, the Court of Justice points out that whilst it is true that a directive cannot of itself impose obligations on an individual and cannot therefore be relied on as such against an individual, that case-law does not apply where non-compliance by a Member State with an article of the directive, which constitutes a substantial procedural defect, renders a technical regulation inapplicable. A national court is thus required, in civil proceedings between individuals concerning contractual rights and obligations, to refuse to apply a national technical regulation which was adopted in breach of the article in question of the directive.