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EU cases Flashcards

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1
Q

Costa v ENEL

A

EU law takes priority over national law (the doctrine of supremacy); EU law is a special kind of international law

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2
Q

Internationale Handelsgesellschaft (Solange I)

A

EU law takes priority over national constitutional law (Germany resisted this ruling); fundamental rights form an integral part of the general principles of EU law - EU law which breaches such rights will be reviewed

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3
Q

Simmenthal

A

EU law must be applied in its entirety; existing incompatible national law is automatically inapplicable and the creation of new incompatible national law is prohibited

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4
Q

R (Miller) v Secretary of State for Exiting the European Union

A

EU law only takes primacy over national law in the UK as a result of the 1972 Act (retaining sovereignty); some fundamental rights will be retained post-Brexit and others will be lost (though may be replicated)

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5
Q

Re Wünsche Handelsgesellschaft (Solange II)

A

Germany softened its position - so long as the EU protects fundamental rights to the same extent as the German constitution, the German courts will not place constitutional law above EU law

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6
Q

Brunner v European Union Treaty

A

The German court maintained its ability to determine the compatibility of EU law and German constitutional law; Germany’s acceptance of supremacy is conditional

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7
Q

B v E (The Lisbon Case)

A

The ‘identity lock’ makes EU law reviewable in light of basic law; EU law may not prevail in certain areas e.g. war, religion; EU law may not restrict a state’s ability ‘to democratically shape itself’

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8
Q

Honeywell

A

Incompatible national law is in principle invalid to ensure uniform effectiveness of EU law, but the primacy of EU law cannot be comprehensive

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9
Q

Czech pension case

A

The only case to refuse to apply EU law over national law

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10
Q

Van Gend en Loos

A

The EC is a ‘new legal order’, for the benefit of which member states limit their sovereignty; EU Articles can be relied upon by individuals in national courts

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11
Q

Defrenne v SABENA

A

Articles which are sufficiently clear, precise and unconditional have horizontal direct effect; prospective effect (reconcilable with legal principle?); occasionally the ECJ draws from international instruments other than the ECHR e.g. the European Social Charter

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12
Q

Van Duyn v Home Office

A

In order for directives to have vertical direct effect they must be sufficiently clear, precise and unconditional

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13
Q

Ratti

A

For a directive to have direct effect the implementation period must have passed

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14
Q

Inter-Environment Wallonie

A

During a directive’s implementation period member states must refrain from enacting provisions conflicting with the attainment of the aim of that directive

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15
Q

Marshall v Southampton and SW Hampshire Health Authority

A

Individuals can rely on Directives in national courts against the state or an emanation of the state (e.g. a hospital) but not private individuals

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16
Q

Faccini Dori

A

Directives do not have horizontal direct effect

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17
Q

Foster v British Gas

A

An emanation of the state

(1) is made responsible by the state
(2) provides a public service under the control of the state, and
(3) has for that purpose special powers

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18
Q

Farrell

A

One of the three Foster conditions will suffice for an emanation of the state (did not explicitly overrule Foster)

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19
Q

Becker v Finanzamt Munster-Innenstadt

A

The direct effect of directives comes into force once the time limit for implementation is up; a tax authority is an emanation of the state

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20
Q

Fratelli Costanzo v Milano

A

Local authorities are an emanation of the state

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21
Q

Johnston v Chief Constable of the Royal Ulster Constabulary

A

Police are an emanation of the state

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22
Q

Mangold v Helm

A

Non-discrimination is a general principle of EU law which may be relied upon by individuals against individuals

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23
Q

Von Colson

A

National law should be interpreted in line with the wording and purpose of EU law, which does not have to be clear/precise/unconditional; there must be an effective remedy following state liability

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24
Q

Harz v Deutsche Tradax

A

EU law has horizontal indirect effect

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25
Q

Marleasing SA v La Comercial

A

Indirect effect requires courts to interpret all national law in line with EU law - not just law implementing the directive, and including law predating the directive and law with no specific connection to the directive

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26
Q

Wagner Miret v Fondo de Garantira Salaria

A

If national law completely contradicts EU law so that they cant be interpreted as compatible, indirect effect will not operate

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27
Q

Luciano Arcaro

A

You cant apply indirect effect where doing so will give rise to criminal liability

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28
Q

Kolpinghuis Nijimegen

A

While indirect effect cannot give rise to criminal liability, it can give rise to other negative consequences; interpretation by indirect effect must be compatible with general principles

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29
Q

Kucukdeveci

A

General principles of EU law require the interpretation of national law where the case falls in the scope of EU law; confirms Mangold

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30
Q

Romer

A

There is a general principle of EU law of non-discrimination, including based on sexual orientation

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31
Q

Digital Rights Ireland v Minister for Communications

A

The Charter of Fundamental Rights has vertical direct effect; any breach of the Charter must be provided for by law, respect its essence, be proportional and necessary, and genuinely meet objectives of general interest

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32
Q

AMS case

A

Principles within the Charter of Fundamental Rights which are not specific enough cannot be employed by individuals; potential for horizontal direct effect if more specific (not directly addressed, need more case law)

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33
Q

Antonio Munoz Cia SA v Frumar Ltd

A

Regulations have direct effect

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34
Q

Amsterdam Bulb

A

A national measure will only breach EU law if it alters, obstructs, or obscures the direct effect of a regulation

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35
Q

Grad v Finanzamt Traunstein

A

Sufficiently clear, precise and unconditional decisions have direct effect according to the principle of effectiveness

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36
Q

Carp

A

A decision addressed to member states does not have horizontal direct effect (must be addressed to individuals)

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37
Q

Kortas

A

Even directives which member states may derogate from under the EC have direct effect

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38
Q

Delena Wells v SoS for Transport

A

Vertical direct effect is not precluded where it will have adverse consequences for third parties (though it is if it imposes legal obligations)

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39
Q

Adeneler

A

Indirect effect only applies once the implementation period has expired, though member states must not interpret national law in a way that compromises the aims of the EU law

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40
Q

Pfeiffer v Deutsches Rotes Kreuz

A

For indirect effect national courts must interpret all law, not just the law implementing the directive, in line with EU law

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41
Q

Francovich v Italy

A

Established state liability for the failure to implement a directive; three part test:

  1. The conferral upon an individual of specific rights
  2. The content of the rights being identifiable within the directive
  3. A causal link between the damage to the individual and the state’s breach (determined by national courts)
    * overruled by Brasserie*
42
Q

Commission v Belgium

A

Under Art 258, the Commission may investigate any organ of the state it believes to be in breach of EU law, even constitutionally independent bodies

43
Q

Commission v Ireland

A

Member states must act in good faith and supply the Commission with all requested information when being investigated for a potential breach under Art 258

44
Q

Commission v Italy (re: ban on pork imports)

A

Under Art 258 the Commission must provide the member state in question with a list of reasons for suspicion of breach of EU law

45
Q

Commission v France (re: Euratom)

A

An action under Art 258 does not have to be brought within a specific time period

46
Q

Star Fruit v Commission

A

Individuals cannot make the Commission bring actions against member states under Art 258

47
Q

Commission v France (re: blockades)

A

A member state may avoid sanction under Art 258 if it can show that implementing the law would have implications for public order which it could not deal with

48
Q

Commission v Italy

A

The fact that a violation of EU law was unintentional is no defence to an Art 258 challenge

49
Q

Commission v Greece

A

A member state cannot claim the illegality of some EU law in defence to an Art 258 challenge

50
Q

Rewe v Landwirtschaftskammer für das Saarland

A

If your rights under EU law are infringed by the state, the state determines the damages awarded but this must be equivalent to if your rights under national law were infringed

51
Q

Unibet

A

Domestic provisions governing individual actions for breaches of EU law must be equivalent to similar domestic actions (equivalence) and must not make the access of EU rights practically impossible or excessively difficult (effectiveness)

52
Q

Brasserie du Pecheur v Germany and Factortame v UK (Factortame III)

A

Test for state liability:
1. the rule of law infringed must be intended to confer rights on individuals;
2. the breach must be sufficiently serious; and
3. there must be a direct causal link between the breach of the obligation and the damage sustained;
directly effective EU law and the legislature’s conduct can give rise to state liability; paras 55-57

53
Q

Dillenkofer v Germany

A

If a state has not bothered to implement a directive this is automatically a sufficiently serious breach

54
Q

Lomas v UK

A

The UK had no discretion in how to implement an article on exports, so this was a sufficiently serious breach

55
Q

R v HM Treasury ex. parte British Telecommunications

A

Implementing a directive wrong was not sufficiently serious as the mistake was made in good faith, the directives were unclear, and there was no prior CJEU ruling on the matter

56
Q

Haim

A

A public body such as a dentistry association is considered part of the state for the purpose of state liability

57
Q

Kobler v Austria

A

A decision of the court of last instance which manifestly infringes EU law gives rise to state liability, dismissing arguments of res judicata, independence and authority

58
Q

Traghetti del Mediterraneo v Italy

A

State liability does not have to arise from intentional fault or serious misconduct - it can be from a interpretation of law or finding of fact; a court of last instance can cause state liability

59
Q

Palmisani

A

The Italian court was given discretion to determine whether a 1 year time limit on compensation met the principle of equivalence

60
Q

Transportes Urbanos

A

The requirement of exhaustion of all domestic remedies breached the principle of equivalence as it did not apply in claims for breaches of the constitution

61
Q

Stockhold Lindopark

A

Francovich-style compensation should not exclude national remedies as well (state liability + direct effect)

62
Q

Societe Comteb

A

Compensation may be preferable to national remedies (i.e. state liability over direct effect) if there are restrictive rules around national remedies

63
Q

Van Schijndel and Van Veen v SPF

A

When deciding whether a national provision makes the application of EU law practically impossible or excessively difficult, look to the role of that provision in the procedure, its progress and its special features

64
Q

Bergaderm

A

The decisive test for whether conduct was sufficiently serious for state liability is whether the state manifestly and gravely disregarded the limits of its discretion

65
Q

R v Kirk

A

Legal certainty is a general principle of EU law

66
Q

Piraiki-Patraiki v Commission

A

Legitimate expectation is a general principle of EU law

67
Q

Ruckdeschel

A

Non-discrimination is a general principle of EU law

68
Q

Artegodan v Commission

A

The ‘precautionary principle’ (adopting measures to combat a serious threat which has not been proven with scientific certainty) is a general principle of EU law

69
Q

Geitling v High Authority

A

The ECJ used to be (1962) unwilling to utilise EU law to protect fundamental rights

70
Q

Nold v Commission

A

International human rights treaties and common national constitutional traditions are the primary sources of general principles

71
Q

Hauer v Land Rheinland Pfalz

A

EU fundamental rights are drawn from the ECHR, ECtHR judgements, international treaties, and national constitutions (though taking principles from a single member state will fragment the Community)

72
Q

Kadi I and II

A

EU legislation was annulled for breach of the rights to property and fair trial; EU courts must review EU measures for breach of fundamental rights

73
Q

Wachauf v Gemany

A

Member states must comply with fundamental rights whenever they implement EU law, even if on its face it has nothing to do with rights

74
Q

ERT

A

Member states must comply with fundamental rights when given permission to derogate from EU law

75
Q

Kremzow v Austria

A

Member states do not have to comply with fundamental rights if the challenged conduct falls outside of the scope of EU law

76
Q

Parliament v Council – Family Reunification Directive

A

Pre-Lisbon Treaty the Charter was not legally binding

77
Q

Akerberg Fransson

A

Member states must comply with fundamental rights when they act within the scope of EU law, even if they are neither implementing or derogating from EU law e.g. imposing obligations in line with the Treaties

78
Q

Cruciano Siragusa

A

There must be a connection between the national measure and EU law beyond them being closely connected or having an indirect impact on one another; consider whether the legislation is intended to implement EU law, the nature of that legislation, whether it pursues objectives other than those covered by EU law, whether there are specific rules of EU law on the matter or capable of affecting it.

79
Q

Melloni

A

You cannot ‘opt-out’ of EU law by preferring a national constitution - EU law is supreme

80
Q

NS v SoS for the Home Department

A

Article 1 of the opt-out from the Charter does not except the UK or Poland from the provisions of the charter

81
Q

Stauder v City of Ulm

A

For the first time, prompted by concerns around the doctrine of supremacy, the ECJ recognised fundamental rights as general principles of EU law

82
Q

Commission v Bavarian Lager

A

The ECHR is not formally binding and so may be extended or diverted from; the ECHR is a floor not a ceiling

83
Q

Mannesmannrohren-Werke v Commission

A

Common national constitutional traditions cannot be drawn from one member state’s constitution alone

84
Q

AM&S v Commission

A

(AG) a general principle can be drawn from national constitutional traditions even if its ‘conceptual origin’ and ‘the scope of its application in detail’ varies between states

85
Q

Akzo Noble

A

A general principle cannot be drawn from national constitutional traditions if this does not reflect a ‘uniform tendency’ within the member states

86
Q

Google Spain v AEPD

A

The EU judiciary may enforce rights by interpreting EU measures in line with these rights e.g. the EU Data Processing Directive to include a right to be forgotten

87
Q

Rutili v Minister for the Interior

A

When member states apply rights-based EU measures they are bound by general principles of EU law

88
Q

Schmidberger v Austria

A

A member state may derogate from fundamental obligations to protect other rights e.g. restricting free movement in order to protect freedom of expression and assembly

89
Q

Bosphorus v Ireland

A

The ECtHR held that if a state acts under EU law which provides equivalent rights protection to the ECHR this is acceptable, but where it is a lower protection this is not

90
Q

Michaud v France

A

The ECtHR is only happy to reduce state supervision if EU law protects rights to the same extent as the ECHR (confirming Bosphorus)

91
Q

Avotins v Latvia

A

The mutual recognition system between the member states that each is observing FRs but this must not leave any gap for deficiencies in human rights protection

92
Q

Haegeman v Belgium

A

The ECJ can interpret agreements between the Community and non-members under Article 177 (‘acts of the institutions’)

93
Q

Parti Ecologiste ‘Les Verts’ v European Parliament

A

Actions for annulment can be brought against the European Parliament (was not expressly provided for in Article 173); subsequently endorsed in Maastricht Treaty

94
Q

Chernobyl

A

Actions for annulment can be brought by the European Parliament (was not expressly provided for in Article 173); subsequently endorsed in Maastricht Treaty; court does not consider itself bound by the treaties where this conflicts with the interests of the Union

95
Q

SPUC v Grogan

A

ECJ rejected argument based on ‘higher’ ‘natural’ law - abortion is grossly immoral

96
Q

Factortame II

A

National law which conflicts with EU law will be disapplied; any limitation of sovereignty was accepted voluntarily (Bridge)

97
Q

Nicolo

A

The French court rejected the ECJ’s claim that EU law prevails over even constitutional national law

98
Q

Fragd

A

The Italian Constitutional Court demonstrated willingness to test EU law against protection of human rights within the Italian Constitution

99
Q

Frontini v Ministero delle Finanze

A

The Italian Constitutional Court identified the source of EU competence as within Article 11 of the Italian Constitution

100
Q

Café Jacques Vabres

A

The Cour de Cassation held that EU supremacy is provided for in the French Constitution (Article 55)

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