EU - Cases Flashcards
Van Duyn
Scientologist case:Directives have direct effect if clear, precise and unconditional (plus other criteria)Current association with a group can constitute ‘personal conduct’
Ratti
For directives to have direct vertical effect, the implementation deadline must have passed
M+S
Directives can be directly effective if implemented incorrectly or not applied in a way that achieves the result sought
Foster
Bipartite and Tripartite tests for emanation of the state:Bipartite - Subject to authority or control of the state - or special powersTripartite - As above plus provides public service
NUT v St Mary’s school
It is not necessary to satisfy all three Foster criteria to be an emenation of the state
Antonio Munoz cia
Regulations have horizontal direct effect
Marshall
Directives have vertical, not horizontal direct effect and can be enforced against public authorities
Griffin
Body doesn’t have to be state controlled to be emanation of the state, can be sufficient that the industry operates under state regulation
Rolls Royce
if body lacks special powers and has no statutory duty, may not be emanation even if 100% owned by the state
Von Colson
Established doctrine of indirect effect:National courts are required to interpret national implementing legislation in such a way as to ensure that the objectives of the directive are achieved.
Pickstone v Freemans plc
confirms indirect effect in UK courts
Marleasing
Non implementing legislation should be read to give effect to the terms of the directive in so far as it is possible to do so.i.e. 1. interpret all laws, past and future 2. only interpret as far as possible
Wagner
Where there is a clear contradiction between national and EU law, indirect effect will not apply and national law will be upheld, even if this is a breach of EU law.
Francovich
Establishes state liability and three conditions:1. Causal link between breach and loss / damage2. Directive entails rights to individuals3. Possible to identify the content of those rights
Van Gend Loos
Established principle of direct effect + criteria:- Sufficiently clear and precise and unconditionalIf there’s conflict with earlier domestic law, EU law prevails
Brasserie; Factortame
State liability can be relied upon where a Member State commits a breach of any type of EU law. The following conditions must be met:1. There must be a direct causal link between the breach and the damage2. The rule infringed must confer rights on individuals3. The breach must be sufficiently serious.National courts must follow EU law, even when this means making a ruling not allowed under national law.
BT
Applying Brasserie/Factortame, court will consider whether directive was sufficiently clear, any guidance given, had other states made the same mistake. If so, breach not sufficiently serious.
Dillenkofer
Sufficiently serious breach occurs when Member State manifestly and gravely disregards the limits on the exercise of power - failure to implement directive is automatically a serious breach The conditions in Francovich and Brasserie have been held to be the same in substance
Italian Art
Goods can be valued in money and are capable of forming the basis of commercial transactions
Dassonville
MEQRs are all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually and potentially, intra-community trade
Statistical levy
CEEs are:- any pecuniary charge - imposed unilaterally on domestic or foreign goods- by reason of the fact that the goods cross a frontier- and not a customs duty in the strict sense
Commission v Germany
Art. 30 not applicable to:- Internal tax- Charge for service to importer- Charge for inspections carried out to fulfil obligations under EU law
Commission v Ireland (Buy Irish)
Private companies can be I breach of Art. 34 TFEU if there is sufficient state involvementActual hindrance of trade not required, MEQRs need only be capable of hindering tradeTrade rules need not be binding to amount to art. 34 violation
Commission v UK (Newcastle’s disease)
MEQRs - Article 36 exceptions - public healthMeasures must be proportionate and not o beyond what is necessary.
R v Henn and Darby
MEQRs - article 36 exceptions - public moralityEach state can set its own standard of morality, more likely to succeed if products in question are not produced in country
Conegate
MEQRs - article 36 exceptions - public moralityWhere items are already made and sold domestically, cannot restrict imports on the basis of public morality
R v Thompson
MEQRs - article 36 exceptions - public policya state has a genuine interest in protecting its mint coinage from destruction
Campus oil
MEQRs - article 36 exceptions - public securitypetroleum products are of exceptional importance and laws which seek to guarantee uninterrupted supply are valid
Cassis de Dijon
Established rule of reason and mutual recognition:Obstacles to free movement can be accepted in so far as they are necessary to satisfy mandatory requirements and are proportional
Commission v Denmark (Disposable beer cans)
Cassis list is not exhaustive and may include things relating to the environment
Walter Rau
Where measures are justified under Cassis, they may still fail on the grounds that at they go beyond what is necessary
Keck
Selling arrangements should be distinguished from MEQRs
Lawrie-Blum
Defines what a worker is- performs a service for another- under the control of that person - receives remuneration
Antonissen
jobseeker = worker under art. 45
Levin
A part time worker is a worker provided the work is effective and genuine and not on such a small scale as to be marginal and ancillary
Bettray
Individual will not qualify as a worker where the purpose of the work being carried out is to benefit him, not to carry out economic activity
Micheletti
A person is a national of a state if he or she qualifies as such under national law
Gebhard
Test for distinguishing establishment and services:- how stable and continuous is the activity in the host state?factors to include: duration, periodicity, continuity and regularityRestrictions: national measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the treaty
Sager
Laws which limit which companies are able to provide services may be indirectly discriminatory where they hinder the freedom of movement of companies from other member states
United brands
Definition of dominance, rpm and rgm Dominance is a position of economic strength which allows undertakings to prevent effective competitionRPM is all those products and services which are regarded as interchangeable by the consumerRGM is the area in which the undertaking is involved in supply and demand of products and services in which conditions are sufficiently homogenous and can be distinguished from neighbouring areasAbuse of dominant position includes:- Unfair pricing (difficult to prove)- refusal to supply- unjustifiable price discrimination
Huggin
Abuse need only be capable of having effect on competition for commission to have jurisdiction
Hilti
Where products can compete on equal terms and be transported at no extra cost, one should begin by assuming that RGM is EU as a wholeTying of products will amount to abide of dominant position
Michelin
A dominant firm has a special responsibility not to allow its conduct to impair undistorted competition on the common market
Hoffman-La Roche
Save in exceptional circumstances, very large market shares will in themselves be evidence of a dominant positionAbuse is where the presence of an undertaking weakens the degree of competition through recourse to methods different from those which condition normal competition.Discounts based on purchasing all/most needs from one supplier and which are unrelated to volume are abusive discounts and amount to market abuse
AZKO Chemie
Presumption of dominance where the market share is 50% or moreAbuse of a dominant position includes excessively low prices (predatory pricing)
Volk
De Minimis ruleEven if an agreement is made between two independent undertakings and could affect trade between Member states and restrict competition, its effects may be so small that the commission will ignore its existence
STM v Machinebau
Art. 101 - object and effect - Vertical agreementWhen assessing an agreement’s effect, the following will be considered:- nature and quantity of products concerned - position and size of the parties in the market- isolated nature of the agreement- opportunities for other commercial competitors producing same product by way of parallel re-exportation/importation- severity of the clausesIs it possible to foresee with a sufficient degree of probability that the agreement may have an influence, direct or indirect, actual or potential, on the of trade between member states
Alfons Lutiker
Articles can be enforced positively as well as negatively
Adeneler
Directives are indirectly effective after the implementation deadline
Grzelczyk
Union citizenship is destined to be the fundamental status of nationals of the Member states
Viking line
Article 49 TFEU held to have horizontal direct effect
Kobler
A breach in EU law can give rise to state liability
Carp Snc v Encorad
A decision can have direct effect against the party to whom it is addressed
Costa
EU = supreme
Dansk Dekavit
Charge that applies to both domestic and foreign products not CEE under article 110 (internal taxation) n.b if charge for crossing border then still CEE under art. 30
French spirits
Non-similar productsIn competition, even partial, indirect or potential, with products of the importing country
Spanish strawberries
State is under obligation to prevent the obstruction of free movement of goods by private individuals
Dyestuffs
Defined concerted practices:Co-ordination between undertakings which knowingly substitutes practical cooperation between them for the risks of competition
Metropole Television
Denied rule of reason for art. 101
Kempf
Person is still a worker if they supplement their income with benefits
