Direct Effect Of Directives

Question 1

Dual vigilance of MS compliance (2)

Answer 1

Ensures MS comply with duty to implement Dir

National courts are enforcers of MS’ obligation to implement

Question 2

Rationale

Answer 2

MS obligation to achieve binding result of directives

Question 3

Effectiveness plus case

Answer 3

Not deprive individuals of effective protection of their rights under the directive
Van Duyn

Question 4

Estoppel plus 2 cases

Answer 4

MS may not take advantage of and rely on their own failure to fully implement a directive within the deadline in disputes with individuals
Ratti
Marshall

Question 5

DE of Dir conditions (3)

Answer 5

Sufficiently clear and precise
Unconditional
Not dependent on further action by MS

Question 6

Not dependent on further action by MS

Plus case

Answer 6

Presumed to be satisfied if implementation deadline has expired and MS has failed to fully implement
Becker

Question 7

During the implementation period, MS’ duty to… plus case

Answer 7

refrain from taking any measures liable to seriously compromise result prescribed by Directive
Inter-Environment Wallonie

Question 8

upon expiry of the implementation deadline, dir has de if ms has (3) plus 3 cases

Answer 8

not implemented directive at all - ratti
incorrectly implemented - BT
correctly implemented but application of national measures is such that the result of the dir is not achieved - Marks and spencer

Question 9

are directives capable of vertical or horizontal de? (2) plus cases

Answer 9

capable of V - individual v state - becker

incapable of H - individual v individual - highlighted in marshall

Question 10

vertical de of directives 2 cases plus concept

Answer 10

Marshall
Reaffirmed in Faccini Dori
Emanation of state

Question 11

emanation of the state case

Answer 11

foster v british gas

Question 12

an emanation of the state is a body which.. (3) plus case

Answer 12

foster test
has been made responsible for providing a public service
under control of the state
has special powers

Question 13

applying the foster test - CJEU 2 cases

Answer 13

kampelmann

scholz

Question 14

applying the foster test - UK courts (1) plus case

Answer 14

foster test regarded as exhaustive and followed

doughty v rolls royce

Question 15

foster test regarded as…(2) plus case example

Answer 15

indicative only
no need for “emanation of the state” to be under control of central government
NUT v St marys CofE - school governers

Question 16

qualifying the foster test (1) plus 2 cases

Answer 16

farrell - foster test is not exhaustive

motor insurers bureau of ireland

Question 17

vertical DE of Dir summary (5)

Answer 17

DE on expiry of implementation deadline
emanation of state broadly constructed
foster test, qualified in farrell
no horizontal effect of dir 
alternative; indirect effect