Indirect effect

Question 1

What is indirect effect?

Answer 1

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 2

What is the authority for indirect effect?

Answer 2

Van Colson

Question 3

Does indirect effect hve horizontal and vertical effect?

Answer 3

Yes vertical (van Colson) horizontal (Harz)

Question 4

Despite UK preconceptions, what case established that indirect effect has effect on both provisions before and after adoption of the directive?

Answer 4

Marleasing

Question 5

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

Answer 5

Adeneler v ELOG

Question 6

What is the main problem with direct effect?

Answer 6

Not applicable against the individual i.e. not horizontally effective.

Question 7

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

Answer 7

Doughty v Rolls Royce

Question 8

What case shows that Directives do not have direct effect?

Answer 8

Dori

Question 9

What are the facts of Von Colson?

Answer 9

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 10

Can indirect effect be applied horizontally?

Answer 10

Yes - Marleasing. Harz

Question 11

What is the rationale behind indirect effect?

Answer 11

Expansive hole filler

Question 12

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

Answer 12

Marleasing

Question 13

How much discretion is given in interpreting the law? What case demonstrates this?

Answer 13

Must be interpreted ‘as far as possible’ - High water mark case Marleasing.

Question 14

What case moderated the scope of interpretation?

Answer 14

Wagner Miret v Fondo de Garantira Salaria -The spannish law was so clear that any interpretation would be a distortion of the law.

Question 15

What British case demonstrates the limited interpretive nature of indirect effect?

Answer 15

Webb - Interpretation must not distort the law, can be read differently.

Question 16

When is indiret effect not applicable?

Answer 16

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