Indirect Effect

Question 1

Process (indirect effect)

Answer 1

Define (Marleasing SA)

Does it conflict with national law?

Question 2

Indirect effect

Answer 2

National courts under duty to interpret national law in line with any relevant EU laws, whenever passed
(Marleasing SA)

Question 3

Marleasing SA

Answer 3

Defines indirect effect

Removed distinction between implementing and non-implementing law

Any UK legislation passed before or after Directive must be interpreted in line with EU law in so far as is possible

Question 4

Pickstone v Freemans Plc

Answer 4

When Parliament passes legislation intended to comply with obligations of Directive, it will be interpreted to give effect to Directive

Question 5

Litster

Answer 5

Courts may imply into UK legislation any extra wording to give effect to Directive

Question 6

Wagner-Miret

Answer 6

If clear conflict between UK legislation and EU Directive, UK will be reluctant to interpret national legislation in line with Directive