EU - Cases

Question 1

Van Duyn

Answer 1

Scientologist case:Directives have direct effect if clear, precise and unconditional (plus other criteria)Current association with a group can constitute ‘personal conduct’

Question 2

Ratti

Answer 2

For directives to have direct vertical effect, the implementation deadline must have passed

Question 3

M+S

Answer 3

Directives can be directly effective if implemented incorrectly or not applied in a way that achieves the result sought

Question 4

Foster

Answer 4

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

Question 5

NUT v St Mary’s school

Answer 5

It is not necessary to satisfy all three Foster criteria to be an emenation of the state

Question 6

Antonio Munoz cia

Answer 6

Regulations have horizontal direct effect

Question 7

Marshall

Answer 7

Directives have vertical, not horizontal direct effect and can be enforced against public authorities

Question 8

Griffin

Answer 8

Body doesn’t have to be state controlled to be emanation of the state, can be sufficient that the industry operates under state regulation

Question 9

Rolls Royce

Answer 9

if body lacks special powers and has no statutory duty, may not be emanation even if 100% owned by the state

Question 10

Von Colson

Answer 10

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.

Question 11

Pickstone v Freemans plc

Answer 11

confirms indirect effect in UK courts

Question 12

Marleasing

Answer 12

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

Question 13

Wagner

Answer 13

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.

Question 14

Francovich

Answer 14

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

Question 15

Van Gend Loos

Answer 15

Established principle of direct effect + criteria:- Sufficiently clear and precise and unconditionalIf there’s conflict with earlier domestic law, EU law prevails

Question 16

Brasserie; Factortame

Answer 16

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.

Question 17

BT

Answer 17

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.

Question 18

Dillenkofer

Answer 18

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

Question 19

Italian Art

Answer 19

Goods can be valued in money and are capable of forming the basis of commercial transactions

Question 20

Dassonville

Answer 20

MEQRs are all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually and potentially, intra-community trade

Question 21

Statistical levy

Answer 21

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

Question 22

Commission v Germany

Answer 22

Art. 30 not applicable to:- Internal tax- Charge for service to importer- Charge for inspections carried out to fulfil obligations under EU law

Question 23

Commission v Ireland (Buy Irish)

Answer 23

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

Question 24

Commission v UK (Newcastle’s disease)

Answer 24

MEQRs - Article 36 exceptions - public healthMeasures must be proportionate and not o beyond what is necessary.

Question 25

R v Henn and Darby

Answer 25

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

Question 26

Conegate

Answer 26

MEQRs - article 36 exceptions - public moralityWhere items are already made and sold domestically, cannot restrict imports on the basis of public morality

Question 27

R v Thompson

Answer 27

MEQRs - article 36 exceptions - public policya state has a genuine interest in protecting its mint coinage from destruction

Question 28

Campus oil

Answer 28

MEQRs - article 36 exceptions - public securitypetroleum products are of exceptional importance and laws which seek to guarantee uninterrupted supply are valid

Question 29

Cassis de Dijon

Answer 29

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

Question 30

Commission v Denmark (Disposable beer cans)

Answer 30

Cassis list is not exhaustive and may include things relating to the environment

Question 31

Walter Rau

Answer 31

Where measures are justified under Cassis, they may still fail on the grounds that at they go beyond what is necessary

Question 32

Keck

Answer 32

Selling arrangements should be distinguished from MEQRs

Question 33

Lawrie-Blum

Answer 33

Defines what a worker is- performs a service for another- under the control of that person - receives remuneration

Question 34

Antonissen

Answer 34

jobseeker = worker under art. 45

Question 35

Levin

Answer 35

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

Question 36

Bettray

Answer 36

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

Question 37

Micheletti

Answer 37

A person is a national of a state if he or she qualifies as such under national law

Question 38

Gebhard

Answer 38

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

Question 39

Sager

Answer 39

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

Question 40

United brands

Answer 40

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

Question 41

Huggin

Answer 41

Abuse need only be capable of having effect on competition for commission to have jurisdiction

Question 42

Hilti

Answer 42

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

Question 43

Michelin

Answer 43

A dominant firm has a special responsibility not to allow its conduct to impair undistorted competition on the common market

Question 44

Hoffman-La Roche

Answer 44

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

Question 45

AZKO Chemie

Answer 45

Presumption of dominance where the market share is 50% or moreAbuse of a dominant position includes excessively low prices (predatory pricing)

Question 46

Volk

Answer 46

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

Question 47

STM v Machinebau

Answer 47

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

Question 48

Alfons Lutiker

Answer 48

Articles can be enforced positively as well as negatively

Question 49

Adeneler

Answer 49

Directives are indirectly effective after the implementation deadline

Question 50

Grzelczyk

Answer 50

Union citizenship is destined to be the fundamental status of nationals of the Member states

Question 51

Viking line

Answer 51

Article 49 TFEU held to have horizontal direct effect

Question 52

Kobler

Answer 52

A breach in EU law can give rise to state liability

Question 53

Carp Snc v Encorad

Answer 53

A decision can have direct effect against the party to whom it is addressed

Question 54

Costa

Answer 54

EU = supreme

Question 55

Dansk Dekavit

Answer 55

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

Question 56

French spirits

Answer 56

Non-similar productsIn competition, even partial, indirect or potential, with products of the importing country

Question 57

Spanish strawberries

Answer 57

State is under obligation to prevent the obstruction of free movement of goods by private individuals

Question 58

Dyestuffs

Answer 58

Defined concerted practices:Co-ordination between undertakings which knowingly substitutes practical cooperation between them for the risks of competition

Question 59

Metropole Television

Answer 59

Denied rule of reason for art. 101

Question 60

Kempf

Answer 60

Person is still a worker if they supplement their income with benefits