While it is no perfect solution either (and there probably is
none), the Advocate General's solution
of doing exactly the same thing the other way round — offering the action for damages as consolation for the party that has previously benefitted from an erroneous transformation
of EU law by the Member
State and now pays the price because
of horizontal direct effect excluding the application
of a norm
of national law they had
relied on — has at least a somewhat more equilibrated approach towards sharing the burden
of advantages and disadvantages.