BPP Study Manual Ch6 - Direct & Indirect Effect and State Liability Flashcards
What EU law allows the Commission to bring a case in the CJ against a MS for not fulfilling their treaty obligations?
Article 258 TFEU
What EU law allows MS to bring cases against other MS for not fulfilling their treaty obligations?
article 259 TFEU
What are the consequences of VGL? What’s the proper name?
- Van Gend en Loos
- CJ recognised that EU law created rights and obligations which had direct effect ie could be claimed by EU citizens in their domestic courts
What case determined the superiority of EU law?
Costa v ENEL
What is direct applicability?
where a regulation is automatically incorporated into MS law without the need for the MS to transpose it
What is direct effect?
Where EU law may give rise to rights for the citizens of a MS without the transposition of the EU law into their domestic system
these rights can be claimed in domestic courts
What is the VGL criteria for direct effect?
- the provision must be sufficiently clear and precise to create an individual right
- provision must be unconditional
What case determined whether treaty articles which contained a positive obligation had direct effect?
Alfons Lutticke v Hauptzollamt Saarlouis
What determined whether VGL applied horizontally as well as vertically for treaty articles?
Defrenne (No 2)
What established whether directives can be directly effective?
Van Duyn
What case established that directives could only be directly effective vertically?
Marshall v Southampton and SWAHA
What conditions need to be satisfied for a directive to have direct effect?
- implementation date needs to have passed
- directive must be clear and precise enough to give rise to an individual right
- directive must be unconditional
What case sets out the tests for an emanation of the state?
Foster v British Gas
What is the bipartite test?
directives can be used against bodies that
- were subject to the authority or control of the state OR
- had special powers beyond those which normally govern relations between individuals
What is the tripartite test?
directives could be relied on against bodies which
- had been made responsible by the state for providing a public service AND
- are under the control of the state AND
- have special powers beyond those which normally govern relations between individuals