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EU Law and National Law Flashcards

1
Q

Van Gend En Loos

A

Treaty articles have direct effect

Must be clear, precise, and unconditional

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2
Q

Defrenne

A

Treaty articles have horizontal direct effect against a private body

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3
Q

Lutticke

A

Positive and negative treaty articles both have direct effect

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4
Q

Costa v ENEL

A

Supremacy of EU law

State can only act unilaterally when expressly granted the right to do so by a treaty

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5
Q

Handelsgesellschaft

A

Supremacy of EU law over national constitutional law

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6
Q

Simmenthal

A

National court must not wait for a conflicting measure of national law to be set aside by a national authority

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7
Q

Cooperativa Agricola

A 
Unconditional = not qualified by any further subject/condition in its implementation
Precise = sets out an obligation in unequivocal terms
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8
Q

Antonio Munoz

A

Regulations have horizontal and vertical direct effect

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9
Q

Fratelli

A

Local/regional authorities are emanations of the state

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10
Q

Becker

A

Tax authorities are emanations of the state

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11
Q

Johnstone

A

Police forces are emanations of the state

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12
Q

Berlusconi

A

A directive in and of itself cannot be relied upon to determine or aggravate criminal liability

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13
Q

Van Duyn

A

Directives are capable of having direct effect (clear, precise and unconditional)

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14
Q

Francovich & Bonifaci

A

Member States are required to make good the loss sustained by an individual as a result of their breach of EU law
Must grant rights to individuals
Must be possible to identify the right on the basis of the provisions of the legislation
Must be a causal link between breach and loss

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15
Q

Franz Grad

A

Regulations have direct effect

Decisions have direct effect

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16
Q

Grimaldi

A

Recommendations and opinions cannot have direct effect

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17
Q

Ratti

A

A directive can have direct effect once the implementation date has passed and the member state has not adopted the directive

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18
Q

Marshall

A

Directives do not have horizontal direct effect

Directives do have direct effect vertically and against public authorities

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19
Q

Azienda Agricola

A

Regulations have direct effect

Must be clear, precise and unconditional

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20
Q

VNO

A

A directive can have direct effect if the member state has partially or incorrectly implemented it

21
Q

Reiser v Autobahnen

A

Tripartite test - under state control, with special powers, providing a public service

22
Q

Griffin v SW Water

A

Tripartite test - under state control, with special powers, providing a public service

23
Q

Marks & Spencer PLC

A

A directive can have direct effect where the directive has been implemented in a way that does not achieve there result sought by the directive

24
Q

British Gas

A

Bipartite test = control of the state or special powers

Tripartite test = control of the state + special powers + providing a public service

25
Doughty v Rolls Royce
Failed the tripartite test - no special powers, not providing a public service, traded 'at an arm's length' with the government
26
Kampelmann
Bipartite test - under the control of the state, special powers (local authority)
27
Sozialhilgeveband
Bipartite test - under the control of the state, special powers (owned by local authority)
28
Una Film Review
Failed tripartite test - was under state control but did not provide a public service or have special powers (commercial undertaking)
29
Portgas
Failed tripartite test - not clear re state control and special powers Other authorities can rely on directives against other emanations of the state
30
Van Colson
Established indirect effect - courts must interpret national legislation in light of EU law as far as they have discretion to do so
31
Harz
Indirect effect can be applied horizontally and vertically
32
Marleasing
National courts are required to interpret national law (as far as possible) Includes pre-existing law
33
Wagner Miret
National courts must interpret national law in light of EU law as far as possible No requirement to interpret where not possible
34
Pupino
No requirement to interpret contra legem
35
Adelener
National courts must only interpret national law in conformity with a directive once the deadline for that directive has passed
36
Kolpinghuis
Member states cannot rely on a directive in and of itself to determine or aggravate criminal liability
37
Brasserie du Pecheur
Law must be intended to confer rights on the individual Breach must be sufficiently serious Causal link between breach and loss Incorrect implementation: a breach that manifestly and gravely disregarded the limits on the exercise of its power Measure of discretion Intentional Excusable Contribution by EU institution Extent national measures had been retained country to EU law
38
Factortame III
State liability applies irrespective of the organ of the state which is responsible Can arise where the Member State has wide discretion
39
IDT Card Services
UK Court guidelines of interpretative duty (not widely applicable) No need for statute to be ambiguous Can involve substantial departure from language (restrictive or expansive) Cannot rewrite legislation or interpret against the grain of the legislation Court cannot make policy decisions for which it is ill-equipped
40
Kobler
Extended state liability to include breaches by national courts Error must be manifest (e.g. not making an obligatory reference to the ECJ for a preliminary ruling)
41
Crehen
Individuals can seek to be compensated where a private undertaking has breached EU competition law
42
BT
Not a sufficiently serious breach Directive was incorrectly transposed Good faith interpretation of the directive Not clear or precise No guidance from EU institutions Many other states had made the same interpretation
43
Dillenkofer
Failure of a member state to take steps to implement a directive after the deadlines is a sufficiently serious breach under the Brasserie du Pecheur Test
44
Hedley Lomas
State did not have discretion to unilaterally impose a ban on exports to Spain - sufficiently serious breach of Community law
45
NUT v St Mary's School
Bipartite test (non commercial body) - under the control of the state, has special powers, providing a public service
46
Politi v Minister of Finance of Italian Republic
Confirmed Franz Grad
47
Carp v Ecorad
Decisions have direct effect against the parties to whom it is addressed
48
Dori v Recreb
Directives only have vertical horizontal effect
49
Pfeiffer v Deutsches Rotes Kreuz
National courts must consider national law as a whole

EU Law (5 decks)

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