Direct effect - Cases Flashcards

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1
Q

Describe the facts of Van Gend en Loos

A
  • First case on direct effect
  • Importation of formaldehyde, customs duty imposed on imports into Holland
  • Breaches Art 30 TFEU
  • VGL challenged custom duty on basis of this article precluding customs duty
  • Referred to ECJ, who agreed, that customs duty did breach article 30
  • Therefore articles have direct effect
  • Therefore the national law had to be changed
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2
Q

Describe the effects of Defrenne v SABENA

A
  • Air stewardess
  • Paid less than equivalent man
  • Used article 157 TFEU – equal pay for equal work
  • Can be used horizontally as article
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3
Q

What case demonstrates the supremacy of EC law? What case confirmed this

A

Costa v ENEL

Simmenthal

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4
Q

What rule was stated in Coopertiva?

A

Sufficiently clear and precise

Unconditional

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5
Q

Describe the effects of Francovich

A

Sought outstanding wages when company went bankrupt
Tried to use Directive 80/987
No direct effect as not CPU

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6
Q

Describe the facts of Van Colson

A

2 German females prison workers not employed on basis of gender, given inappropriate compensation
Tried to use article 6 equal treatment directive
Not sufficiently CPU

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7
Q

What case shows that direct effect can also enforce a positive obligation?

A

Lutticke;

  • Article 110 prohibits discriminatory taxation
  • This article had direct effect as CPU
  • Confirmed positive obligations can be directly effective
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8
Q

What case shows that regulations are directly effective as well as directly applicable?

A

Franz Grad

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9
Q

Describe the facts of marshall

A
  • Worked for public health authority
  • Women made to retire earlier than men
  • Breached equal treatment directive 76/207
  • Directive had direct effect as against an emanation of the state
  • Directives have vertical effect only
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10
Q

What case demonstrates the lack of horizontal direct effect?

A

Dori

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11
Q

Describe the facts of Ratti

A
  • Ratti made changes to packaging of solvents to comply with directive 73/173
  • However these changes violated Italian law
  • Italy had not yet implemented directive, so Ratti was in breach of Italian law
  • This shows the rule that for a directive to have direct effect the implementation date must have passed
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12
Q

What does the case of Marks & Spencers demosntrate

A

Directive can still have direct effect where the directive is not correctly implemented into national law

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13
Q

What case lays down the 2 tests for state emanation?

A

Foster v British Gas PLC
- 6 women forced to retire at 60 rather than the male 65
- Used equal treatment directive 76/207
- The UK courts developed 2 tests;
Bipartite test;
• Subject to authority or control of state OR
• Special powers
Tripartite test;
• Provides public service AND
• Under control of state AND
• Special powers
- CJ approved the tripartite test, however both can be used where appropriate
- Foster v British Gas plc (no.2) – British gas is an emanation of the state

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14
Q

What cases approve the tripartite test?

A

Griffin v SW water
Reiser
Dominguez
Una Film City Revenue

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15
Q

Which case developed a different bipartite test for state emanation?

A

St Mary’s CoE Junior School;

  • Applied different bipartite test for state emanation;
    • Performing public service
    • Under state control
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16
Q

What cases approved the bipartite test?

A

Sozialhilfeverband
Vassallo
Kamplemann

17
Q

What case suggested that direct effect could be horizontally effective in inverse cases?

A

R(wells) v SST