Direct Effect Cases Flashcards
effect of Van Gend en Loos
established DE of Art 30 if
- clear
- precise
- uncondtional
costa v ENEL
EU law is supreme
Defrenne No 2
- DE can be horizontal or vertical
- Found Art 157 DE
Lutticke
Treaty articles imposing positive obligations can be directly effective
Grimaldi
Recommendations and Opinions are not directly effective
Van Duyn
Directives can be directly effective
Marshall
directives can only be vertically DE
Dori Faccini
confirms directives can only be vertically DE
Ratti
directive can only be directly effective after implementation date has passed
Verbond
can use partially/incorrectly implemented directive for DE if Ratti and VGL tests are passed
Foster v British Gas
something is an emanatio of the state if
- provides public service
- under state control
- has special powers
Griffin v Sourth West Water
used Foster test and found an EoS
NUT v St Mary’s Church School
only need two of the Foster test to find an EoS:
- provide public service
- state control
Kampelmann
only one of the Fosters tests was used to find an EoS
Doughty v Rolls Royce
- Confirms directives do not have DE
- uses full Foster test and did not satisfy all three so no an emanation of the state
Reiser v Autobahn
uses Foster test as alternatives (like Kampelmann) so holds this is an EoS
Becker
tax authorities aer EoS
Fratelli
Local authorities are EoS
CC Royal Ulster Constabulary
RUC is emanation of state
Universitaria di Cagliari
University is emanation of state
Von Colson
Establishes indirect effect
Harz
IE can be vertical and horizontal
Litser v Dry Dock
HL takes purposive approach for IE
Marleasing
- Allowed horizontal IE from unimplemented directive
- irrelevant if national law in question is made before or after directive - the directive can still be used to interpret that law
Wagner Miret
- national law could not be interpreted through IE
- directive too imprecise to be DE
Webb v EMO Air Cargo
cannot distor meaning of laws to interpret them to fit EU legislation
Kolpinghuis
MS cannot use a directive itself without national implementing law to determine/aggravate criminal liability
Grimaldi
recommendations/opinions can influence interpretation of domestic law
Francovich
establishes state liability
- directive should confer rights to individuals
- rights should be identifiable
- causal link between state obligation and damage to parties
Factortame
example of state liabillity
R v BT
breach was excused because
- other countries made same implementation mistake
- directive not precise
- UK made mistake in good faith
- interpretation by UK not manifestly different to wording in D
- no guidance from EU
R (hedley lomas) v Minister of Agriculture
small breach of EU legislation still constituted state liability
Franz Grad
Regulations and decisions are directly effective
Antonio Munoz
Confirms Franz Grad - Regulations have direct effect
Simmenthal
supremacy of EU law over domestic law
