Directives

Question 1

Types

Answer 1

Working time directive hours worked rest periods

Working times regulation 1998 and

Question 2

Treaties

Answer 2

Section 2(1) european communities act 1972
Individual rights clear gives direct effect
Macarthys ltd v Smith (1980)
Article 141/157 TFEU Treaty of Rome
Diocese of Hallam

Question 3

Vertical direct effect

Answer 3

Marshall case 1986 
62 65 
Sex discrimination act 1975
Equal treatment directive 76/207
An arm of the state 
Vertical effect 
Can't take advantage of its own failure to implement a directive 
Gibson - emanation of the state

Question 4

Horizontal direct effect

Answer 4

Duke v GEC Reliance
Unable equal treatment directive
Private company
Dori case 85/447 can’t rely

Question 5

Von colson

Answer 5

Interpret in the light of the directive

Question 6

Action against the state for failure to implement a directive

Answer 6

Francovich v Italian Republic (1991) 
Protecting wages of employees whose employee became insolvent 
Grant rights 
Identify content of those rights
Causal link

Question 7

Case

Answer 7

Telecommunications- not implemented and liable

Factortame and pecheur
Liable for financial cost
State liable to compensate for breaches of EU law

Question 8

Van Duyn

Answer 8

Direct applicability

Treaties reliance

Question 9

Marshall

Answer 9

Vertical effect of directives

Rely on state when not applied

Question 10

Francivich

Answer 10

Compensation

Question 11

Costa emel

Answer 11

European law takes precedence over national law

Question 12

Directives

Answer 12

Harmonisation of law is reached
Company laws, banking, insurance
Article 288 TFEU gives the power to issue these
Pass on laws within a time limit
UK use statutory instrument- unfair terms in consumer contractions regulations 1994- unfair term contracts
Consumer protection act 1987
Order in the council by the privy council and the queen