cases

Question 1

Van Gend en Loos

Answer 1

Direct Effect of Primary Law / Established that EU law is an autonomous legal order and that individuals can directly rely on Treaty provisions if they are clear, precise, and unconditional.

Question 2

Costa v. ENEL

Answer 2

Supremacy of EU Law / Confirmed that EU law takes precedence over conflicting national law, including later national legislation.

Question 3

Internationale Handelsgesellschaft

Answer 3

Primacy over National Constitutional Law / EU law takes precedence even over national constitutional law, ensuring uniform application.

Question 4

Simmenthal

Answer 4

Primacy over Subsequent National Law. / National courts must set aside conflicting national law, whether enacted before or after EU law.

Question 5

Les Verts v. European Parliament

Answer 5

Constitutional Charter and Legal Remedies. / Established that the EU Treaties form a constitutional charter with a complete system of legal remedies.

Question 6

Recovery of Indirect Taxes

Answer 6

Objective Legal Basis. / The legal basis for an EU measure must be chosen based on objective factors that are amenable to judicial review.

Question 7

Titanium Dioxide

Answer 7

Dual Legal Basis. / A dual basis is not possible when the procedures for each legal basis are incompatible; the correct legal basis is determined by the measure’s primary aim.

Question 8

Tobacco Advertising

Answer 8

Limits of Article 114 TFEU. / EU laws under Article 114 TFEU must have a genuine aim to improve the internal market, not just harmonize unrelated policies.

Question 9

Vodafone

Answer 9

Subsidiarity / Established that EU action is justified only if objectives cannot be sufficiently achieved by Member States alone.

Question 10

Stauder

Answer 10

Fundamental Rights in EU Law. / Fundamental human rights form part of the general principles of EU law.

Question 11

Nold v. Commission

Answer 11

Shared Constitutional Traditions. / Fundamental rights are protected as they form part of the constitutional traditions common to Member States.

Question 12

Julian Hernández

Answer 12

Charter Applicability. / The Charter of Fundamental Rights applies only when Member States are implementing EU law.

Question 13

Leonesio

Answer 13

Direct Effect of Regulations. / Regulations can have direct effect if they are clear, precise, and unconditional.

Question 14

Becker

Answer 14

Directives and Direct Effect. / Directives can have direct effect if not implemented on time and are clear, precise, and unconditional.

Question 15

Van Duyn

Answer 15

Vertical Direct Effect of Directives. / Directives can be relied upon in vertical relationships (individual vs. state).

Question 16

Ratti

Answer 16

Estoppel Principle. / A Member State cannot rely on its own failure to implement a directive to deny individual rights.

Question 17

Foster

Answer 17

Emanation of the State / Public bodies under state control can be considered emanations of the state, allowing vertical direct effect.

Question 18

Farrell

Answer 18

Clarification of Emanation / A body need not be under state control if it has special powers beyond those of individuals.

Question 19

Von Colson

Answer 19

Indirect Effect / National courts must interpret domestic law consistently with EU law.

Question 20

Marleasing

Answer 20

Non-Implemented Directives. / Indirect effect applies even when a directive has not been implemented.

Question 21

Adeneler

Answer 21

Transposition Deadline / Indirect effect applies only after the transposition period has expired

Question 22

Francovich

Answer 22

State Liability / States can be liable for damages if they fail to implement directives granting individual rights.

Question 23

Brasserie du Pêcheur

Answer 23

State Liability for Any Breach / Established general conditions for state liability, including a serious breach of EU law.

Question 24

Köbler

Answer 24

Judicial Breach of EU Law / States can be liable for breaches of EU law by national courts of last instance.

Question 25

Dillenkofer

Answer 25

Non-Implementation of Directives / Failure to implement a directive always constitutes a serious breach

Question 26

CILFIT

Answer 26

Exceptions to Referral during preliminary ruling procedure / Highest national courts must refer unless the EU law is clear (acte clair) or already interpreted (acte éclairé).

Question 27

Foto-Frost

Answer 27

Invalidity of EU Law / National courts cannot declare EU law invalid; only the CJEU can do so.

Question 28

Star Fruit

Answer 28

Infringement procedure is in Commission Discretion / The Commission has discretion, not an obligation, to act on complaints about breaches of EU law.

Question 29

Lütticke

Answer 29

Non-Action by the Commission / Reinforced the Commission’s discretionary power in infringement proceedings.

Question 30

Commission v. Netherlands

Answer 30

Coherence of Notices / The letter of formal notice and reasoned opinion must align in infringement procedures

Question 31

Plaumann

Answer 31

Individual Concern / Individuals must belong to a closed group uniquely affected by an EU act to have standing.

Question 32

Codorníu

Answer 32

Individual Concern in General Acts / Legislative acts can be of individual concern if they directly affect specific individuals.

Question 33

Inuit Tapiriit Kanatami

Answer 33

Regulatory Acts / Defined regulatory acts as non-legislative acts of general application.

Question 34

Bergaderm

Answer 34

Union Liability / The EU can be liable for damages if there is a manifest and serious breach of EU law