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EU Law > EU Law and National Law > Flashcards

EU Law and National Law Flashcards

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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
Q

Doughty v Rolls Royce

A

Failed the tripartite test - no special powers, not providing a public service, traded ‘at an arm’s length’ with the government

26
Q

Kampelmann

A

Bipartite test - under the control of the state, special powers (local authority)

27
Q

Sozialhilgeveband

A

Bipartite test - under the control of the state, special powers (owned by local authority)

28
Q

Una Film Review

A

Failed tripartite test - was under state control but did not provide a public service or have special powers (commercial undertaking)

29
Q

Portgas

A

Failed tripartite test - not clear re state control and special powers
Other authorities can rely on directives against other emanations of the state

30
Q

Van Colson

A

Established indirect effect - courts must interpret national legislation in light of EU law as far as they have discretion to do so

31
Q

Harz

A

Indirect effect can be applied horizontally and vertically

32
Q

Marleasing

A

National courts are required to interpret national law (as far as possible)
Includes pre-existing law

33
Q

Wagner Miret

A

National courts must interpret national law in light of EU law as far as possible
No requirement to interpret where not possible

34
Q

Pupino

A

No requirement to interpret contra legem

35
Q

Adelener

A

National courts must only interpret national law in conformity with a directive once the deadline for that directive has passed

36
Q

Kolpinghuis

A

Member states cannot rely on a directive in and of itself to determine or aggravate criminal liability

37
Q

Brasserie du Pecheur

A

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
Q

Factortame III

A

State liability applies irrespective of the organ of the state which is responsible
Can arise where the Member State has wide discretion

39
Q

IDT Card Services

A

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
Q

Kobler

A

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
Q

Crehen

A

Individuals can seek to be compensated where a private undertaking has breached EU competition law

42
Q

BT

A

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
Q

Dillenkofer

A

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
Q

Hedley Lomas

A

State did not have discretion to unilaterally impose a ban on exports to Spain - sufficiently serious breach of Community law

45
Q

NUT v St Mary’s School

A

Bipartite test (non commercial body) - under the control of the state, has special powers, providing a public service

46
Q

Politi v Minister of Finance of Italian Republic

A

Confirmed Franz Grad

47
Q

Carp v Ecorad

A

Decisions have direct effect against the parties to whom it is addressed

48
Q

Dori v Recreb

A

Directives only have vertical horizontal effect

49
Q

Pfeiffer v Deutsches Rotes Kreuz

A

National courts must consider national law as a whole

EU Law (5 decks)

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