General Principles Flashcards
Secretary of State for Health ex parte British American Tobacco
“legality of measure adopted can only be affected if the measure is manifestly inappropriate having regard to the objective which the competent institution is seeking to pursue”
Solange I
German courts will only follow EU law so long as it respects fundamental rights
Costa v Enel
Supremacy of EU law - body of law created which binds member states.
Internationale Handelsgesellschaft
EU law is supreme even to national constitutional courts.
Simmenthal
EU law is supreme over prior existing national law and subsequent conflicting national law.
Factortame
National law precluding certain remedies may have to be set aside in order to give effect to EU law.
Honeywell
Primacy of application of EU law exists because the EU would not otherwise be able to exist as a legal community.
Thuburn
Constitutional statutes may not be subject to implied repeal - ECA would count.
Van Gend en Loos
Direct effect - EU law is intended to give individuals rights.
Van Duyn
Article guaranteeing freedom of movement for workers held to be directly effective, it lay down unconditional obligations.
Reyners v Belgium
Broad right of non-discrimination was capable of direct effect even in the absence of implementing legislation.
Defrenne v SABENA
Case concerned equal pay legislation, broad non-specific right was directly effective even though it concerned horizontal relations.
Commission v Italy
“Regulations operate to confer rights on individuals which the national courts have a duty to protect”
Franz Grad
Article 288 does not preclude direct effect for decisions by not specifying that they should have direct effect.
Tullio Ratti
A member state which has not adopted the implementing measures required within the prescribed time period cannot rely upon their failure to implement as against individuals.
Marshall v Southampton
A directive may not itself impose obligations on an individual, no horizontal direct effect.
Mangold
Age discrimination directive couldn’t be relied upon against another individual.
Foster v British Gas
Broad concept of state - body providing a public service,which has special powers for that purpose.
Von Colson
Court is bound to interpret national legislation in the light of EU legislation, indirect effect.
Marleasing
Indirect effect applies as far as possible, but cant apply where there is direct conflict.
Centrosteel
Use of indirect effect.
CIA Security
Incidental effect - Belgian government failed to notify a technical specification in breach of EU law, CIA security could evoke EU law to assert that the other party should not allege it was in breach of the Belgian law.
Francovich
Member States are obliged to make good loss and damage caused by breaches of Community law for which they can be held responsible.
Brasserie du Pecheur
Three conditions where a right to reparation of loss or damage is guaranteed: The rule of law infringed must be intended to confer rights on individuals, the breach must be sufficiently serious, there must be a direct causal link.
Dillenkofer
Where a Member State doesn’t implement directive within prescribed period, it constitutes a manifest and grave breach of EU law.
British Telecom
Partial failure to implement, an imprecise directive had not been given guidance, court recognised partial failure to implement may not always give rise to state liability.
Kobler
National court breached obligation to refer to CJEU, could give rise to state liability, wasn’t sufficiently serious in this case.
