Direct effect

Question 0

Defrenne v Sabena

Answer 0

Horizontal direct effect of treaty articles under Van Gend en Loos criteria

Question 1

Van Gend en Loos

Answer 1

The Community constitutes a new legal order of international law, the subjects of which comprise not only the Member States but also their nationals
Vertical direct effect of treaty articles. Criteria:
(a) sufficiently clear and precise (b) unconditional (c) impose a negative obligation (d) require no legislative intervention

Question 2

Leonesio v Italian Minister of Agriculture

Answer 2

Vertical direct effect of regulations under Van Gend en Loos criteria

Question 3

Munoz v Frumar

Answer 3

horizontal direct effect of regulations if Van Gend en Loos criteria are fulfilled

Question 4

Van Duyn

Answer 4

Directives have vertical effect if they are (a) clear and precise (b) unconditional and (c) time limit for implementation has expired (Ratti)

Question 5

Foster v British Gas

Answer 5

Foster criteria: (a) body responsible for providing a public service (b) under the control of the State (c) pursuant to a measure adopted by the State (d) equipped with special powers

Question 6

Vassallo v Azienda Ospedaliera San Martino

Answer 6

The ECJ held that a Directive could be invoked against an Italian hospital which, although it received public funding, was not run by the Italian state but was an autonomous establishment with its own directors

Question 7

Van Colson

Answer 7

Under art 4(3) TEU member states must take all appropriate measures to ensure the fulfilment of their Union obligatons. That obligation is binding also on the Courts, which are required to interpret their national law in the light of the wording and purpose of the directive

Question 8

Marleasing

Answer 8

All national legislation must be interpreted in the light of EU law, irrespective of whether it is implementing legislation or not, and of whether it was enacted prior or subsequent to the provision of EU law in question

Question 9

Wagner Miret

Answer 9

Indirect effect does not require contra legem interpretations of national law

Question 10

Mangold

Answer 10

Start of the duty of indirect effect. Held that (1) MS are under a duty to refrain from taking measures compromising the attainment of the result prescribed by the directive (2) the directive gave effect to a fundamental principle of EU law, that of non-discrimination. Observance of this principle could not be conditional upon expiry of a transposition period

Question 11

Francovich v Italy

Answer 11

A MS can be required to pay compensation to an individual who suffered damage as a result of the MS’s failure to implement a directive

Question 12

Brasserie du Pecherur

Answer 12

Incorrect implementation cases. Breach must be sufficiently serious for awarding compensation. Look at degree of discretion granted to MS

Question 13

Dillenkofer

Answer 13

Breach always sufficiently serious where there has been a complete failure to transpose a directive

Question 14

Koebler v Austria

Answer 14

The state can be liable for manifestly wrong judicial acts

Question 15

Faccini Dori

Answer 15

Directives cannot have horizontal direct effect

Question 16

R v HM treasury, ex p BT plc

Answer 16

No right to compensation here as breach of Community law was not sufficiently serious. The directive was imprecisely worded and capable of the (wrong) interpretation the UK had given