EU LAW DIRECTIVES

Question 1

what id direct effect?

Answer 1

Confers immediate right on individuals which can be enforced via national courts, without the express implementation of the national court

Question 2

Describe the facts of the Van Gend En Loos case

Answer 2

The Netherlands implemented a duty contrary to article 12 of the treaty of Rome, banning increases in customs duties. VGL took Netherlands to court using direct effect. Duty revoked.

Question 3

VAN GEN conditions

Answer 3

clean unequivocal prohibition

this was vertical direct effect case.

Question 4

hierarchy of eu law

Answer 4

pl;
treaty TFEU
TEU
charter of fundamental rights
Sl;
measures adopted by commissions 
directives 
regulations

Question 5

Which case allows for positive as well as negative obligations under direct effect?

Answer 5

Lutticke

Question 6

Which case demonstrates that direct effect is horizontally as well as vertically effective in the case of treaties?

Answer 6

Defrenne v SABENA - Female flight attendant

Question 7

eu charter direct effect

Answer 7

AMS = non discrim case against national legislation (vertical)

Max planck v shimizu = parts of the provision of the charter are horizontal direct effect

Question 8

regulation direct effect?

Answer 8

true both v and h

Question 9

directives horizontal?

Answer 9

no mainly vertical but can under indirect effect

Van duyn authority for this = direct effect individual can rely upon it
- ratti developed this

Question 10

Under what circumstances may a directive have direct effect?

Answer 10

If it is sufficiently clear precise and unconditional (VGL)
If the implementation date has passed and it has not been implemented at all (Ratti).
It has been partially or incorrectly implemented (VNO) or it has been correctly implemented but the national measures are not being applied by national authorities in such a way as to achieve the results sought (marks & Spencer plc)

Question 11

What is the tripartite test of state emanation?

Answer 11

FOSTER

Any body which;
- Is responsible for providing public service

• Is under control of the state
• Has for that purpose special powers

Question 12

What is the authority for direct effect having vertical effect?

Answer 12

MARSHALL, can be found VDE within treaties charter regulations but not directives.

Woman forced to retire 5 years earlier than men, did she have a claim under an EEC directive? Yes as Southhampton authority is an emanation of the state, so EEC directive has vertical effect

Question 13

What are the details of Lutticke? What is the ffect?

Answer 13

Removal of discriminatory internal taes in Germany, this is a negative obligation, but shows that direct effect can be for both positive and negative obligations

Question 14

What happened in mangold ?

Answer 14

This was against a private company and could not be done with a directive as it did not lay down equal treatment.

it could have been through treaty but not horizontal here.

Question 15

indirect effect?

Answer 15

An obligation to interpret national law in the light and wording of the purpose of the diretive in order to achieve the envisaged result.

Question 16

authority for indirect effect?

Answer 16

Van Colson

if no law then it cannot happen

Question 17

Does indirect effect hve horizontal and vertical effect?

Answer 17

Yes vertical (van Colson) horizontal (Harz)

Question 18

What case shows that MS law must only be interpreted with reference to the directive after the deadline for the directive has passed?

Answer 18

Adeneler v ELOG

Question 19

What is an example of direct effect not having effect against the individual?

Answer 19

Doughty v Rolls Royc

Question 20

What are the facts of Von Colson?

Answer 20

2 female prison workers rejected on the grounds that they were women. In breach of Equal Treatment Directive 76/207. Directive translated into German law, but inadequately, inappropriate compensation. This was remedied by indirect effect, where the state law has to be read in light of the EU version. Interpretative approach.

Question 21

What case provides that EEC directives can affect both already implemented law, and law which is yet to be implemented?

Answer 21

MARLEASING

Question 22

When is indiret effect not applicable?

Answer 22

1. Nothing to interpret in terms of national legislation.
2. When the national law in uninterpretable as it is so specific
3. Before the deadline has passed or th MS has implemented the legislation
4. Cannot go against legal certainty

Question 23

state liability is?

Answer 23

Individuals may recover compensation from MS where they have suffered loss as a result of the failure of the MS to fulfill its obligation under community law.

FRANCOVICH

Question 24

what happened in francovich ? case authority

Answer 24

companies went bankrupt, employees left w out payment. created a directive to ensure payment, italy had not implemented.

= state must be liable for any loss and damage caused by the state against an individual by breaches of Community law for which the state can be held responsible for

Question 25

What is the rationale behind state liability?

Answer 25

EC gives rights to individuals, and SL is a catch all where rights should be conferred but other methods of getting the rights are not available.

Question 26

What are the conditions for state liability?

Answer 26

1. The Diretive should entail rights
2. Are the rights identifiable?
3. Is there a causal link between the breach and the sate’s obligation and loss and damage suffered

Question 27

What were the SL conditions refined to?

Answer 27

1. Rule infringed must be intended to confer rights
2. The breach must be significantly serious
3. Must be a causal link bettween the breach by the state and the loss.

Question 28

what happened in dillenkofer?

Answer 28

MS failed to transpose directive, package directive from financial loss for holiday, and Germany never implemented it and court said serious breach of community law.

Question 29

when else would sl arise?

Answer 29

when MS fails to comply with a provision of a treaty

LOmas sufficiently serious breach, British company did not comply w slaughter of animals.

british cannot decide that for Spanish on own volition they were in breach. Backfired..

Question 30

what happened in Basseri?

Answer 30

French company were successful in infringement proceeding against Germany

French companies were able to take action for reparation for the amount of money they had lost for import restriction for 6 yrs.