IN/DIRECT EFFECT

Question 1

The two types?

Answer 1

Vertical

Horizontal

Question 2

Vertical effect?

Answer 2

Individual can enforce rights upwards against state

Includes local authorities

Question 3

Horizontal effect

Answer 3

Individual can enforce rights against others on the ‘same level’
Also against companies as they have a corporate legal personality which is the same as an individual

Question 4

Treaties

Answer 4

Primary legislation of EU

Have horizontal and vertical direct effect

Question 5

Which case gives the definition of the state?

Answer 5

FOSTER v BRITISH GAS 1990

Question 6

FOSTER v BRITISH GAS 1990

Answer 6

Is part of the state if:

(i) Provides a public service
(ii) Under the control of the state to some extent
(iii) Has powers beyond that of an individual

Question 7

What is a directive?

Answer 7

Requires a member state to do something within a time limit = vertical as is only to do with the state
Must give rights to individuals
Time limit must have expired for individuals to enforce those rights

Question 8

Case that says directives must give rights to individuals?

Answer 8

SABENA 1979

Question 9

Case which says the time limit on the directive must have passed before those rights can be enforced?

Answer 9

RATTI 1979

Question 10

How can a directive also have horizontal effect?

Answer 10

Indirectly through the courts
Court is part of the state that must make a decision of EU law in a case with two different parties
This means the directive has horizontal effect imposed onto it

Question 11

Cases for indirect horizontal effect of directives?

Answer 11

VON COLSON 1984

LISTER 1989

Question 12

Which case stated directives have vertical direct effect?

Answer 12

VAN DUYN 1974