Indirect Effect

Question 1

Von Colson

Answer 1

Established the principle of indirect effect

Because the equal treatment directive was binding on all authorities of member state, national courts, as part of the state, are required to interpret domestic laws implementing a directive so far as it is possible to in conformity with the wording and purpose of the directive

Question 2

Harz

Answer 2

Indirect effect has horizontal effect

Question 3

Marleasing

Answer 3

Case: between two private companies and concerned an unimplemented EU directive.

Marleasing sought to have the defendant company declared void on the basis provided by the Spanish Civil Code. The defendant relied on an unimplemented directive. Direct effect was not available as it was between two private companies

Courts are now imply required to inexpert national law only in as far as it was possible

Principles:
1) Made it clear that the provisions of an unimplemented directive could be used to interpret national law given the implementation date has passed, even in a purely horizontal setting

2) It does not matter if the national law has been made before or after the directive, the directive can still be used to interpret the national law

Question 4

Wagner Miret

Answer 4

Spanish Law was in conflict with EU Law - not possible to interpret Spanish law in conformity with the directive

Principle: ECJ - indirect effect will not be possible where the national law expressly contradicts with the provision of EU law

Question 5

Pupino

Answer 5

Reinforces Wagner Miret

ECJ held that there is no requirement to interpret national law against its meaning

Question 6

Adenler

Answer 6

Indirect effect only exists once the deadline for the implementation of that directive has passed

Question 7

Criminal Proceedings Against Kolpinghuis Nijmengen

Answer 7

Not possible to rely on indirect effect to make something criminal otherwise it wouldn’t have been or make the penalties more serious