EU LAW DIRECTIVES Flashcards
what id direct effect?
Confers immediate right on individuals which can be enforced via national courts, without the express implementation of the national court
Describe the facts of the Van Gend En Loos case
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.
VAN GEN conditions
clean unequivocal prohibition
this was vertical direct effect case.
hierarchy of eu law
pl; treaty TFEU TEU charter of fundamental rights Sl; measures adopted by commissions directives regulations
Which case allows for positive as well as negative obligations under direct effect?
Lutticke
Which case demonstrates that direct effect is horizontally as well as vertically effective in the case of treaties?
Defrenne v SABENA - Female flight attendant
eu charter direct effect
AMS = non discrim case against national legislation (vertical)
Max planck v shimizu = parts of the provision of the charter are horizontal direct effect
regulation direct effect?
true both v and h
directives horizontal?
no mainly vertical but can under indirect effect
Van duyn authority for this = direct effect individual can rely upon it
- ratti developed this
Under what circumstances may a directive have direct effect?
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)
What is the tripartite test of state emanation?
FOSTER
Any body which;
- Is responsible for providing public service
- Is under control of the state
- Has for that purpose special powers
What is the authority for direct effect having vertical effect?
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
What are the details of Lutticke? What is the ffect?
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
What happened in mangold ?
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.
indirect effect?
An obligation to interpret national law in the light and wording of the purpose of the diretive in order to achieve the envisaged result.
authority for indirect effect?
Van Colson
if no law then it cannot happen
Does indirect effect hve horizontal and vertical effect?
Yes vertical (van Colson) horizontal (Harz)
What case shows that MS law must only be interpreted with reference to the directive after the deadline for the directive has passed?
Adeneler v ELOG
What is an example of direct effect not having effect against the individual?
Doughty v Rolls Royc
What are the facts of Von Colson?
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.
What case provides that EEC directives can affect both already implemented law, and law which is yet to be implemented?
MARLEASING
When is indiret effect not applicable?
- Nothing to interpret in terms of national legislation.
- When the national law in uninterpretable as it is so specific
- Before the deadline has passed or th MS has implemented the legislation
- Cannot go against legal certainty
state liability is?
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
what happened in francovich ? case authority
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
