Direct And Indirect Effect Summary

Question 1

What does it mean to say that EU law is directly effective?

Answer 1

It is available for an individual to rely on in their national court.

Question 2

What are the Van Gend en Loos conditions for direct effect?

Answer 2

(1) clear and precise
(2) unconditional
(3) not dependent on further actions by a MS/the EU

Question 3

What legal instruments can have direct effect, under the Van Gend conditions?

Answer 3

EU Treaty Articles
Regulations
Decisions

Question 4

Which case established that Treaty Articles etc do not necessarily have direct effect, it is subject to meeting the Van Gend criteria?

Answer 4

Petrie v Commission [2001]

Question 5

In which case was the requirement of ‘clear, precise and unconditional’ met by a Treaty provision for equal pay for equal work because the objective of equal pay was sufficiently clear?

Answer 5

Defrenne v SABENA (II)

Question 6

In which case was a Treaty provision on the right to appropriate renumeration not sufficiently clear, precise and unconditional for direct effect as the level of pay is to be determined by someone else?

Answer 6

Carbonari

Question 7

Why can’t you apply the Van Gend criteria for direct effect to directives?

Answer 7

Because they require implementation into national law by MSs so fail on second-limb of test.

Question 8

What are the Van Duyn conditions for direct effect of directives?

Answer 8

(1) clear and precise
(2) unconditional
(3) time limit for implementation has expired

Question 9

Which case confirmed that you cannot rely on a directive under direct effect until the time limit for implementation has passed?

Answer 9

Ratti

Question 10

Which case established that during the implementation period of Directives MSs must “refrain from taking any measures liable seriously to compromise the result prescribed”?

Answer 10

Inter-Environnement

Question 11

In which case did the CJEU confirm that the time limit for the implementation of an age-discrimination directive had not passed and so could not be relied upon, but referred to non-discrimination as a general principle that could be relied on instead?

Answer 11

Mangold v Helm [2005]

Question 12

Are directives only vertically effective (i.e. Enforceable against the state)?

Answer 12

Yes.

Question 13

Which case confirmed that Directives can have vertical direct effect against the state but not against private parties?

Answer 13

Marshall v Southampton Area Health Authority (No 1)

Question 14

What is the broad interpretation of the state as described in Foster v British Gas?

Answer 14

An organisation or body who:
(A) responsible for providing a public service
(B) has special powers given to it by the state
(C) is subject to the authority or control of the state

Question 15

What is the principle of indirect effect?

Answer 15

An interpretative duty on national courts to interpret national law as far as possible in conformity with EU law

Question 16

Which case established that there is an interpretative duty on national courts of indirect effect?

Answer 16

Von Colson [1984]

Question 17

Which case established that indirect effect cannot impose new criminal liabilities regardless of the time limit for implementation?

Answer 17

Kolpinghuis Nijmegen

Question 18

Which case established that indirect effect operates once the time limit for implementation of a Directive has expired, but that the Inter-Environnement principle of avoiding interpretations of national law that would seriously compromise the objectives of the Directive applies during implementation?

Answer 18

Adeneler v ELOG

Question 19

Which case established that a limit to indirect effect is that courts cannot interpret national law in conformity with the Directive where it would result in a contra legum reading?

Answer 19

Wagner Miret [1993]

Question 20

In which case did the CJEU rule (controversially) that although national law about under 25 workers was unambiguous the objectives of the directive were clear so responsibility of national court to give effect to the directive? Criticised for applying principle of direct effect in guise of indirect effect.

Answer 20

Kücükdeveci [2010]

Question 21

Which case established that indirect effect applies to national laws that pre-date Directives that were not intended to implement it?

Answer 21

Marleasing [1990]

Question 22

Which case demonstrated the possibility of horizontal indirect effect, as the state has a responsibility to apply and implement a directive to ensure that private parties have all rights provided to them available?

Answer 22

Marleasing [1990]

Question 23

What is the principle of incidental horizontal direct effect?

Answer 23

Unimplemented directive invoked in cases between individuals to preclude application of a conflicting provision of national law.
(Cannot impose obligations).

Question 24

What does the case of Unilever Italia v Central Food [2000] establish about the application of incidental horizontal direct effect?

Answer 24

Private contracts are still subject to requirements of any EU law or regulation.
Set aside Italian labelling law in favour of EU directive.

Question 25

Which case established that individuals (under the principle of incidental horizontal direct effect) can rely on EU directives against the government even where this has “adverse repercussions on the rights of third parties”?

Answer 25

Wells v Secretary of State for Transport, Local Government and the Regions [2004]