Cases

Question 1

Van Gend & Loos

Answer 1

• New legal order - monist countries

- Direct effect: clear, precise and unconditional

Question 2

Costa/ENEL

Answer 2

EU law has primacy over the law of the member states (regardless of monist or dualist countries)

Question 3

Plaumann

Answer 3

‘If an act affects persons by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all persons’

Question 4

Simmenthal

Answer 4

EU law renders inapplicable any existing national law, and these are not allowed to implement new national legislation against it.

Question 5

Defrenne

Answer 5

• Creates vertical and horizontal situation.

- Changes “clear and precise” to “sufficiently precise” of VGL.

Question 6

Van Duyn

Answer 6

Vertical direct effect allowed when VGL applicable

Question 7

Marshall

Answer 7

Directives cannot have horizontal effect.

Question 8

Foster

Answer 8

Changes horizontal situation to vertical situation if
(i) public service 
(ii) state control 
(iii) special powers 
\+ VGL

Question 9

Van Colson / Marleasing

Answer 9

This case established that a national court, should stretch national law as far as possible in accordance with an unimplemented directive.

Question 10

Francovich

Answer 10

States can be hold liable for non-implementation or wrongful implementation of directives fi :
(i) directive conferred rights upon citizens
(ii) damages for non implementation
(iii) causal link
+ VGL

Question 11

Bergaderm

Answer 11

Same criteria as Francovich, but for EU liability

Question 12

Solange

Answer 12

• Solange I → Court declared in cases where MS Constitutional fundamental rights are in conflict against Community Law, constitutional rights must prevail.
• Solange II → Court went back on previous ruling, and decided the Community Law also offers fundamental rights for the citizens and should have supremacy over MS Constitutional rights.

Question 13

Piraiki-Piraiki

Answer 13

They had contract before the implementation of the regulation, thus giving them individual concern compared to the group

Question 14

Front National

Answer 14

You know this

Question 15

KFC case

Answer 15

Groups can claim individual concern as a closed group if the directive or act is no longer in effect

Question 16

Broeckmeulen

Answer 16

Definition of a court :

• Professional body
• With consent of the public authorities and their cooperation
• Legally binding decision
• Adversarial nature

Question 17

Foto-Frost

Answer 17

Lower courts may refer questions to the CoJ to rule EU law invalid

Question 18

Kobler

Answer 18

Courts can be held liable in manifest infringements of EU law

Question 19

Factortame

Answer 19

National law should be set aside when granting interim relief when interpreting EU law

Question 20

Brasserie du pêcheur

Answer 20

Confliction of national law and directive with direct effect gives rise to state liability under Francovich criteria