Direct/Indirect Effect

Question 0

Van Duyn

Answer 0

Loosening of the conditions for DE laid down in Van Gend - DE could apply even where the MS had discretion

Question 1

Van Gend en Loos

Answer 1

First step of implementing DE and laid down conditions for its use which were eventually loosened

Question 2

Reyners

Answer 2

Used DE even where there had been no proper legislative action RE freedom of establishment

Question 3

Defrenne

Answer 3

The Court went even further by enforcing directly effectiveness of Art 141 which was imprecise, in contrast to Van Gend

Question 4

Petrie

Answer 4

There are still Treaty Articles which are not DE

Question 5

Viking

Answer 5

Treaty articles are also horizontally directly effective

Question 6

Slaughtered Cow

Answer 6

Regulations are DE like T Arts are and should be given effect if they are implemented in such a way to obscure DE

Question 7

Amsterdam Bulb

Answer 7

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

Question 8

Grad

Answer 8

Art 288 has now changed this, but before it was expressly stated, decisions were still DE

Question 9

Van Duyn

Answer 9

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

Question 10

Ratti

Answer 10

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

Question 11

Van Duyn

Linster

Answer 11

Provided that the D concerns the personal conduct of the individual and a precise obligation can be identified then the D will have DE

Question 12

Kortas

Answer 12

Even where the Commission had unreasonably failed to respond to a MSs request to derogate there was still DE

Question 13

Becker

Inter-Environnement Wallonie

Answer 13

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

Question 14

Marshall

Wells

Answer 14

Ds are not horizontally DE - for a number of questionable reasons
One of these being legal certainty

Question 15

Dori

Answer 15

Confirmed the ruling in Marshall

Question 16

Foster

Answer 16

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

Question 17

Delena Wells

Answer 17

Vertical DE will not be precluded even if it leads to adverse consequences for the individual

Question 18

Von Colson

Adeneler

Answer 18

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

Question 19

Marleasing

Answer 19

Indirect effect can be invoked both vertically (V Colson) and horizontally

Question 20

Pfeiffer

Pupino

Answer 20

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

Question 21

Kolpinghuis

Answer 21

The interpretative obligation can have adverse effects on an individual but must not impose criminal liability

Question 22

Centrosteel

Answer 22

Civil liability can be imposed, even though there had been previously narrow readings of the imposition of civil liability

Question 23

CIA Security

Answer 23

Incidental horizontal effect - Ds can have limited horizontal effect where they do not impose legal obligations on individuals

Question 24

Unilever Italia

Answer 24

Incidental horizontal effect - legal advantage claimed by one party and a legal detriment sustained by another

Question 25

Mangold

Answer 25

A general principle of law can impose obligations on an individual even where a D can’t e.g. non-discrimination

Question 26

Francovich

Answer 26

Another way to enforce a directive against a private body is to sue the state in damages for failure to implement it correctly