Indirect Effect

Question 1

Article 4(3)

Answer 1

Loyal co-operation

Question 2

Pfieffer

Answer 2

National law must be interpreted in conformity with community law, inherent in the treaty.

Question 3

Von Colson

Answer 3

National courts are required to interpret the national law in the light of the wording and purpose of the directive in order to achieve the result of Art 288.

Question 4

Duke v Reliance Systems

Answer 4

ECA did not oblige an English Court to distort the meaning of a British Statute in order to enforce against an individual a directive that had no direct effect between individuals.

Question 5

Pickstone v Freemans Plc

Answer 5

HoL construed Equal Pay (amendment) Regulations in a way that gave effect to the declared intention of the UK gov consistent with treaty provisions.

Question 6

Lister v Forth Dry Dock

Answer 6

HoL held that the UK courts were under a duty to follow the practice of ECJ by giving a purposive construction to regulations issued for the purpose of complying with directives.

Question 7

Finnegan v Clowney Youth Training Programme

Answer 7

Even though sex discrimination order had been enacted subsequent to a directive, the order should be construed in the same manner. Parliament must have intended them to have the same effect.

Question 8

Marleasing

Answer 8

Whether the provisions were adopted before or after the directive, the national court called upon to interpret it is required to do so as far as possible in light of the wording of the directive.

Question 9

Webb v EMO Air Cargo

Answer 9

Must interpret domestic law with terms of a directive in the same field “only if it is possible to do so”

Question 10

Wagner Miret

Answer 10

MS must presume the state intended to comply with EU law.

Question 11

Francovich

Answer 11

MS is obliged to “make good the loss and damage sustained” as a result of their failure to implement the Directive in their respect.

Question 12

Criminal proceedings against Kolphinghuis Nimigen

Answer 12

A directive cannot have the effect of determining/aggravating the liability in criminal law of persons who act in contravention of the provisions of that directive.

Question 13

Criminal proceedings against Arcaro

Answer 13

Obligation to refer to a directive limits where such an interpretation leads to the imposition of an individual of an obligation laid down by a directive.

Question 14

Centrosteel

Answer 14

National court is bound when applying provisions of domestic law predating the directive, to interpret those provisions in light of that directive.

Question 15

Brunhoffer

Answer 15

Equal pay directive merely clarifies Art 157 and therefore the primary EU law is the true source of the rights.

Question 16

Mangold

Answer 16

If a directive merely embodied a general principle of EU law then it can be enforced in its own right, even if incorrectly implemented.