Direct/Indirect Effect Flashcards
Van Duyn
Loosening of the conditions for DE laid down in Van Gend - DE could apply even where the MS had discretion
Van Gend en Loos
First step of implementing DE and laid down conditions for its use which were eventually loosened
Reyners
Used DE even where there had been no proper legislative action RE freedom of establishment
Defrenne
The Court went even further by enforcing directly effectiveness of Art 141 which was imprecise, in contrast to Van Gend
Petrie
There are still Treaty Articles which are not DE
Viking
Treaty articles are also horizontally directly effective
Slaughtered Cow
Regulations are DE like T Arts are and should be given effect if they are implemented in such a way to obscure DE
Amsterdam Bulb
NB that a regulation enacted to give effect to a regulation will only be ineffective if that national measure obscures the direct effectiveness of the regulation so that it constitutes a breach of EU law
Grad
Art 288 has now changed this, but before it was expressly stated, decisions were still DE
Van Duyn
Two (of three) reasons why Ds can be DE - 1. Functional - Ds are binding and will be more useful if individual can invoke them, 2. Art 267 TFEU allows national courts to refer questions so it is implied that individuals can do the same
Ratti
Third rationale for the DE of Ds - 3. Estoppel - the MS should have implemented the D - the MS has committed a wrong and cannot rely on that wrongdoing - where necessary, a conflicting national law will be disapplied
Van Duyn
Linster
Provided that the D concerns the personal conduct of the individual and a precise obligation can be identified then the D will have DE
Kortas
Even where the Commission had unreasonably failed to respond to a MSs request to derogate there was still DE
Becker
Inter-Environnement Wallonie
General principle is that DE runs from the deadline of implementation of the D
However, if a MS (or public body) adopts a measure which is clearly contrary to the D then this will cause the D to be DE so the MS must refrain from doing so
Marshall
Wells
Ds are not horizontally DE - for a number of questionable reasons
One of these being legal certainty
Dori
Confirmed the ruling in Marshall
Foster
First case of the wide definition of the ‘public body’ here it was British Gas - not clear what kind of control is necessary for it to be a public body
Delena Wells
Vertical DE will not be precluded even if it leads to adverse consequences for the individual
Von Colson
Adeneler
Indirect effect or harmonious interpretation - another way of getting around horizontal DE is by requiring national law to interpret national law in light of Directives
This is only on implementation of the D
Marleasing
Indirect effect can be invoked both vertically (V Colson) and horizontally
Pfeiffer
Pupino
The notion of harmonious interpretation applies to the national legal system as a whole
The obligation is strong but is not applied where the national law cannot bear the interpretation - although the Court seems to see possibilities where the national court may not
Kolpinghuis
The interpretative obligation can have adverse effects on an individual but must not impose criminal liability
Centrosteel
Civil liability can be imposed, even though there had been previously narrow readings of the imposition of civil liability
CIA Security
Incidental horizontal effect - Ds can have limited horizontal effect where they do not impose legal obligations on individuals
