Direct And Indirect Effects Unit 2

Question 1

Francovich

Answer 1

State liability- directives- non-implementing law:1. individuals‘ rights, 2. Clear rights 3. Link between non-implementation and damage.

Question 2

Fractortame

Answer 2

State liability- directives- poor implementing law:1. Infringes Rule of law confetes for individuals‘ rights, 2. Breach is quite serious 3. Direct causal link between breach and damage.

Question 3

Van Gend Test

Answer 3

Directive must be: clear, precise and unconditional. Then the directive will be directly applicable in national courts.

Question 4

Dorsch Case - tribunal or court

Answer 4

Tribunal or court?
1. Established by law
2. Permanent
3. Compulsory 
4. Inter-partes
5- apply rule of law
6. Independent

Question 5

CILFIT Criteria

Answer 5

Is the decision necessary ?

1. Relevant?
2. Previous decision?
3. Obvious application?

Question 6

Foster criteria - state power

Answer 6

Emanation of state

1. Under state control
2. Special powers
3. Provide public service

Question 7

Von colson principle

Answer 7

Indirect effect- interpretation of national law according to EU Law.