Direct effect of Regulations and Directive Provisions

Question 1

What were the questions of law of the Leonesio case?

Answer 1

1) Did the regulation have direct effect?
2) Can states set conditions for the application of that direct effect?

Question 2

Explain the judgment of the Leonesio case

Answer 2

-Regulations do have direct effect because of “its nature and purpose within the system of Community law” (C5)
-Can’t create conditions for regulation on national level (C6)
-Individual rights created by a regulation arise when the conditions set out in the Regulation itself are complied with(C22)
-If pecuniary dispute, cannot withold the right to money because of national legislation on administrative practices (C19.23)

Question 3

How does one apply Leonesio?

Answer 3

-Regulations do have direct effect !
-BUT must meet the requirements of VGL
-Clear
-Unconditional
-By its nature geared to create rights between individual and member states

Question 4

What was the question of law in Marshall?

Answer 4

• Was the employer’s dismissal of Ms Marshall (because she old) a violation of the Equal Treatment directive?
  -If so, Can the Equal Treatment directive be relied upon by Miss Marshall in this case? (does it have direct effect?

Question 5

Explain the ECJ reasoning in the Marshall I case

Answer 5

-Directive can impose obligations through direct effect (C46)
-to a state if UNCONDITIONAL and SUFFICIENTLY precise (C46)
-Directive can not impose obligations on individuals n(C48) because the binding nature of a directive exists only in relation to each Member State to whcih it is addressed

Question 6

How does one apply Marshall?

Answer 6

-provision of a directive has direct effect
-against a STATE
-If it meets this condition
-Sufficiently precise (C46)
-Unconditionality (C46)
-State failed to implement the Directive on time (presc. period) OR implemented it incorrectly (C48)

Question 7

What was the question of law in the Simmenthal II Case?

Answer 7

-When a provision of EU Law is directly applicable and creates individual rights
-is the national provision which conflicts with it immediatley diapplied?
-or what for law to be eradicted in national system or constitutional court to deaem it void?

Question 8

Explain the decision of the court in the Simmenthal II Case

Answer 8

-When provision of EU Law is DA then must be ful. + uniformly applied in all the Member States (c14)
-DA law direct source of obl. + rights for:
-everyone
-people
-member states (C15)
-NB: regulations have direct horizontal effect !
-Have to have immediate direct effect under principle of primacy of EU Law (C17)
-Confirmation of disapplication (C21)

Question 9

How does one apply Simmenthal II?

Answer 9

• Question is when to disapply
  -use combination of:
  -Van Gend & Loos (if its a treaty provision–>vertical effect)
  -Deffrene II (treaty provision–> horizontal effect)
  -Leonesio(regulation (if its horizontal quote Simmental as well)
  -Marshall (Directive)