Cases European Law Flashcards
What principle did Van Gend en Loos (1963) introduce?
The principle of direct effect, allowing individuals to invoke certain EU treaty provisions before national courts
Dutch company challenged an import duty under EU law.
This means individuals can rely on EU law even without national implementation.
What did Costa v. ENEL (1964) establish regarding EU law?
The supremacy of EU law over conflicting national law
Costa challenged Italy’s nationalization of electricity, arguing it viol
This ensures uniform application of EU law across Member States.
What does Cilfit (1982) clarify about national courts and the ECJ?
The CILFIT judgment established that a court of last instance (like a national Supreme Court) must refer unless one of three exceptions applies — known as the CILFIT criteria.
Act clair: If the correct application of EU law is so obvious that there is no room for reasonable doubt, then no referral is needed.
Act Eclair: If the CJEU has already ruled on the same question, no need to ask again.
Irrelevance:
If the answer to the question of EU law wouldn’t affect the outcome of the case, no referral is needed.
This means there is no reasonable doubt about the interpretation of the law.
What was confirmed in Faccini Dori (1994) regarding directives?
Directives do not have horizontal direct effect
Consumer enforce an unimplemented directive iagainst a private company.
Individuals cannot invoke unimplemented directives against other private parties, only against the state or public bodies. -NO DIRECT HORIZONTAL EFFECT
What principle was established in Francovich (1991)?
State liability for Member States to compensate individuals for damage caused by failure to implement EU law
State Liability
* Directive grants right
* Rights are clear and unconditional
* There is a link between failure and loos
an Italian worker who was not paid wages because employer insolvent.
This is particularly relevant for directives.
What does Dassonville (1974) define?
Dassonville formula (any trade rule that hinders EU trade is a MEQR and breaches Art. 34 TFEU).
Belgian law required a certificate of origin for Scotch whisky imports.
Any trading rule that hinders intra-EU trade breaches Article 34 TFEU.
What principles did Cassis de Dijon (1979) introduce?
The principles of mutual recognition and rule of reason
Products lawfully produced in one Member State should be allowed in others unless justified by mandatory requirements.
What distinction did Keck & Mithouard (1993) make?
Between product requirements covered by Article 34 TFEU and selling arrangements
Selling arrangements that apply equally to all traders and do not discriminate fall outside Article 34.
What is the Gebhard test formulated in Gebhard (1995)?
Restrictions on freedom of establishment must be non-discriminatory, justified by public interest, suitable, and proportionate + establishment or services
German layer in Italy
This test assesses the legality of measures affecting establishment rights.
What did Alpine Investments (1995) uphold?
Restrictions on free movement of services can be justified by overriding public interest - inderect discrimination
An example includes consumer protection measures like a cold-calling ban.
How did Lawrie-Blum (1986) define the term ‘worker’ under EU law?
A person who performs services (economic activity) for and under the direction of another in return for remuneration.
What extension did Angonese (2000) make regarding non-discrimination?
Extended non-discrimination on grounds of nationality to private employers - HORIZONTAL EFFECT
A language certificate required only from a local authority constituted unjustified indirect discrimination.
What entitlement was confirmed in Grzelczyk (2001) for legally resident students?
Entitled to equal treatment under Article 18 TFEU-STUDENT
Denial of social benefits based solely on nationality constituted unjustified discrimination.
What did Förster (2008) allow regarding residence requirements?
Residence-based restrictions on benefits can be justified, cause they are proportionate
This aims to prevent an unreasonable financial burden on host states.
What legality was confirmed in Pringle (2012)?
The legality of the European Stability Mechanism (ESM)-125
The ESM was created as an intergovernmental treaty by the Eurozone Member States—not directly through EU law.
Member States may establish such mechanisms outside EU treaties without breaching EU law.
What principle did Gauweiler (2015) uphold regarding the ECB?
The principle of proportionality and the ECB’s independence in implementing monetary policy. -OMT article 127 and article 123, DISCRETION AND SECOND MARKETS
The Court ruled that OMT complies with Article 123 because it only purchases bonds on secondary markets—not directly from governments—thus respecting the no-bailout and no-monetary-financing principles.
What was confirmed in Weiss (2018) about the ECB’s Public Sector Purchase Programme (PSPP)?
The lawfulness of the PSPP, with actions needing to be proportionate and within the ECB’s monetary policy mandate.
The Court emphasized several safeguards to show that Art. 123 (no direct monetary financing) was not violated:
ECB only buys bonds on secondary markets.
There are limits on how much of each country’s debt can be bought.
Minimum holding periods to avoid influencing primary markets.
Transparency and operational independence of the ECB.**
Direct applicable (regulations)
Regulations are directly applicable in all Member States, meaning they automatically become part of the national legal system upon their entry into force, without the need for any national implementing measures. Member States are not required (or allowed) to transpose regulations into national law; they have immediate legal effect and apply uniformly across the EU.
What is the main features that makes directives different from regulations?
1)Directives are binding as to the result to be achieved, but Member States choose the form and methods of implementation.
2) Directives do not have horizontal direct effect — they cannot be invoked against private individuals or entities (Faccino Dori)
Why is the Services Directive applied before Articles 49 and 56 TFEU?
Because it elaborates and clarifies those provisions, codifies CJEU case law, and simplifies procedures — making it the more specific legal instrument for cross-border service provision.
What is the relationship between the TFEU and the Services Directive under the lex specialis principle?
The Services Directive is the lex specialis, meaning it takes precedence over the more general TFEU Articles (49 and 56) when both apply to the same case.
Van Gend en Loos
Direct effect
* Clear and unconditional
* It needs no national implementation
* It supports the goal of a common market
Dassonville
MQRs
1. It’s a trading rule (even if it looks like consumer protection, labeling, etc.)
2. Don’t need to be discriminatory
3. Creates and obstacle to trade
“All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having an effect equivalent to quantitative restrictions.”
The Gebhard
To justify a restriction on the freedom of establishment (or services), a national measure must:
1. Be applied in a non-discriminatory manner (no direct or indirect discrimination based on nationality)
2. Be justified overriding public interest (like consumer protection, legal certainty, etc.)
3. Be suitable for securing the attainment of the objective (i.e., effective — not just symbolic)
4. Not go beyond what is necessary (i.e., be proportionate — the least restrictive means)
