EU Direct Effect

Question 1

Factortame (No 2)

Answer 1

Duty of UK court to override any rule of national law found to be in conflict with directly enforceable Union law.

Question 2

Dual objective

Answer 2

Protect individuals rights and ensure compliance with EU law.

Question 3

Van Gend en Loos

Answer 3

1. Clear and precise 2. Unconditional 3. Require no further action by the Member States or the EU

Question 4

Lütticke

Answer 4

Failure to discharge obligation on time should not preclude direct effect.

Question 5

Van Duyn

Answer 5

Art 45 was a precise obligation capable of direct effect

Question 6

Defrenne v Sabena

Answer 6

All conditions satisfied. Both horizontal and vertical effect.

Question 7

Vertical

Answer 7

Individuals can rely on DE EU law against the state or public authorities

Question 8

Horizontal

Answer 8

Individuals can rely on DE EU law against individuals or private entities.

Question 9

Zaera

Answer 9

“Raising the standard of living” was not directly effective as it did not create a complete legal obligation.

Question 10

Article 288

Answer 10

Regulation shall be generally applicable, binding in its entirety and have direct applicability

Question 11

Direct Effect

Answer 11

Capacity of provisions of regulations to be directly enforced in national courts.

Question 12

Amsterdam Bulb

Answer 12

By virtue of obligations from the treaty, MS are under a duty not to obstruct the direct effect inherent in regulations and other rules of community law.

Question 13

Leonesio

Answer 13

Regulations have direct effect and capable of creating individual rights.

Question 14

Regulations

Answer 14

1. Satisfy van gend en loos 2. Direct Effect 3. Capable of both horizontal and vertical

Question 15

Directives

Answer 15

1. must be transposed into national law 2. not directly applicable

Question 16

Enka

Answer 16

MS who fail to fully give effect to a directive are in breach of the treaty

Question 17

Ratti

Answer 17

Italian company was prosecuted for failing to comply with the stricter requirements prescribed by Italian law for packaging and labelling. Relied on the less strict requirements.

Question 18

Becker

Answer 18

Cannot plead their own failure, wherever they are precise and unconditional, absence of implementation cannot be relied on against conflicting national provision.

Question 19

VNO

Answer 19

Upon expiry directives are capable of having direct effect despite the adoption of national implementing measures.

Question 20

Marks & Spencer

Answer 20

MS remain bound to implement full application of a directive

Question 21

Marshall v SW Hampshire Health Authority

Answer 21

Where a person involved in legal proceedings is able to rely on a directive as against the state he may do so whether employer or public authority.

Question 22

Faccini Dori

Answer 22

Directives do not have horizontal effect.

Question 23

Johnston v Chief Constable of the RUC

Answer 23

Chief Constable regarded as an emanation when in official capacity.

Question 24

Fratelli Contanzo

Answer 24

Local or regional authorities are “emanations of the state”

Question 25

"Foster" v British Gas

Answer 25

A body 1. made responsible pursuant to a measure adopted by the state 2. providing public service under control of the state 3. special powers beyond those which result from normal rules applicable in relations between individuals.

Question 26

Kampelmann

Answer 26

A private utility company contracted by a muncipality in Germany was deemed to be an emanation of the state.

Question 27

Scholz

Answer 27

Italian university found to be a public body of a member state

Question 28

Doughty v Rolls Royce

Answer 28

Must be 1. responsible for providing a public service 2. service be under control of the state 3. special powers

Question 29

National Union of Teachers v St Marys

Answer 29

Governors influenced by authorities.