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EU Law > 1. Direct Effect, Indirect Effect, State Liability > Flashcards

1. Direct Effect, Indirect Effect, State Liability Flashcards

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0
Q

Costa v ENEL

A

Supremacy of EU law over national

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1
Q

Van Gend en Loos

A

Direct effect of treaty articles

Negative obligation
Sufficiently clear and precise to confer right on individual
Unconditional
Not subject to further implementation by MS

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2
Q

Alfons Lütticke v Hauptzollamt Saarlouis

A

Positive obligation

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3
Q

Defrenne v sabena

A

Treaty articles have horizontal direct effect

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4
Q

Franz Grad v Finanzamt Traustein

A

Regulations and decisions have direct effect

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5
Q

Antonio Munoz v Frumer

A

Regulations have horizontal direct effect

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6
Q

Azienda Agricola Monte

A

Regulations must comply with vanGend en Loos criteria

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7
Q

Van Duyn v Home Office

A

Directives capable of direct effect

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8
Q

Pubblico Ministero v Ratti

A

Directives can only have direct effect once deadline has passed

Estoppel theory

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9
Q

Marshall I

A

No horizontal direct effect of directives

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10
Q

Faccini Dori

A

Confirms no horizontal direct effect of directives

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11
Q

Bipartite test for emanation of state (Foster v British Gas)

A
  1. Bodies subject to authority/control of state, or

2. Bodies which have special powers

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12
Q

Tripartite test for determining emanation of state (Foster v British Gas)

A
  1. Bodies responsible for providing service
  2. Under control of state, and
  3. Have special powers
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13
Q

Von Colson

A

Indirect effect
Draws on Art 4(3) TEU
National courts required to interpret domestic laws implementing directive in conformity with wording and purpose of directive

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14
Q

Marleasing

A

Indirect effect can apply to non-implementing laws, and irrespective of whether national law made before or after directive

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15
Q

Wagner miret

A

Indirect effect not possible where national law expressly contradicts directive

16
Q

Adeneler v Ellinikos Organismos Galaktos

A

Indirect effect applies only once implementation deadline has passed

17
Q

Kolpinghuis Nijmengen BV

A

Indirect effect cannot be applied to national law implementing directive that is not yet in force

18
Q

Francovich & Bonifaci v Italian Republic

A

State liability

Three conditions

  1. Directive grants rights to individuals
  2. Possible to identify content of those rights from directive
  3. Causal link between state’s failure to implement directive and loss
19
Q

Brasserie du Pêcheur

A

State liability

  1. Law infringed must confer right on individuals
  2. Breach must be sufficiently serious
  3. Causal link between state’s breach and loss
20
Q

Dillenkofer

A

Failure to take any steps to implement directive is automatically a sufficiently serious breach

Conditions in Frankovich and Brasserie du Pêcheur therefore held to be the same in substance

21
Q

Köbler

A

Breach of EU law by national court can give rise to state liability

22
Q

Simmenthal

A

Supremacy of EU law confirmed unconditionally

23
Q

Grimaldi

A

Recommendations and opinions are not binding forms of EU law - no direct effect

24
Q

Pupino

A

National courts are not required to apply indirect effect against the principles of their own law

25
Q

Cooperativa Agricola Zoologica S. Antonio v Amministrazione delle finanze dello Stato

A
  1. Sufficiently clear and precise

2. Unconditional

26
Q

Verbond van Nederlandse Ondernemingen VNO) v Inspecteur der Invoerrechten en Accijnzen

A

Where MS has only partially or incorrectly implemented directive, direct effect applies

27
Q

Marks & Spencer v Commission of Customs and Excise

A

Even where directive completely and correctly implemented, individual may continue to rely upon clear, precise and unconditional directive in national court

28
Q

Becker

A

Tax authorities are emanation of state

29
Q

Fratelli Costanzo

A

Local or regional authorities are emanation of state

30
Q

Johnston v CConst. of RUC

A

Constitutionally independent police force is emanation of state

31
Q

Doughty v Rolls Royce

A

Nationalised company run at arm’s length from government is not emanation of state

32
Q

Harz v Deutsch Tradaz

A

Indirect effect applies to horizontal cases

33
Q

Customs v IDT Card Services Ireland

A

Indirect effect
Substantial departure from language of legislation permissible, but court must not go beyond interpretation and rewrite legislation

34
Q

R v HM Treasury, ex parte British Telecommunications

A

State liability - UK not liable in spite of failure to implement directive correctly (Brasserie du Pêcheur test applied)

35
Q

R v Ministry of Agriculture, Fisheries and Food

A

State liability applies

‘Sufficiently serious’ not confined to situations where MS had wide discretion (as in Braserie)

36
Q

Factortame

A

Acts of Parliament capable of breaching EU law

EU Law (9 decks)

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