4. Access to the case file to prepare for trial In any case, Article 7(3) requires that access be provided to material evidence upon the submission of the merits of the accusation to a court, and in due time to ensure the effective exercise of defence rights at the trial stage. We would suggest that the objective here is to avoid situations which are subsequently recognised as entailing violations of Article 6(3)(b) ECHR due to the failure to provide time and facilities to prepare a defence. This requirement can be invoked on the basis of Article 8(2), requiring that there be a right of challenge. Clearly, this requirement only makes sense if read against the general obligation of Member States to ensure effective remedies in respect of violations of EU law rights, a general principle of EU law articulated in Article 47 of the Charter. Relying on this principle, you would want to seek a remedy in order to prevent a violation of the Directive (e.g. by providing an adjournment) or to seek a retroactive remedy (e.g. a retrial, providing an opportunity effectively to comment upon the evidence at the appeal stage, or quashing a conviction obtained without the evidence having been provided in good time). Based on these inferences as to the meaning of the text – these are our own, pending interpretation of the provision by the CJEU – we would suggest the following steps for relying on the Directive in this context.  Identify the restriction you wish to complain of and establish, practically, how this is restricting your ability to prepare for trial. It may be worth linking this to examples of violations of Article 6(3)(b) ECHR such as those detailed above, as this will show that you have firm grounding for your request.  Seek the preventive remedy, if this is available (e.g. adjournment), or the corrective remedy (appeal etc.) on the basis of Article 8(2) of the Directive. 42