Indirect Effect Flashcards
dual vigilance of
MS compliance with EU law
developed o make up for… (2) plus article
refusal to give directives HDE
derived from principal of loyal cooperation (Art4(3)TEU)
applies when (2)
directive hasnt been correctly implemented by MS within deadline
DE doesnt apply
national courts should… plus case
as far as possible, interpret national law in the light and in conformity with the incorrect directive
von colson and kamann
response of uk courts before von colson and kamann (1) plus case
harmonious construction of conflicting uk law in accordance with de eu law
garland v british rail
response of uk courts after von colson and kamann (2)
IDE only applied to national law introduced for purpose of implementing dir
statutory interpretation applies
duke v reliance systems
marleasing (2)
courts interpret national law in light of wording of dir to achieve purpose of dir
extension of scope of IDE to any rule of national law and to horizontal disputes
main limit of IDE plus case
rules of statutory interpretation
webb v emo air cargo
statutory interpretation 3 cases
webb v emo air cargo
wagner miret
pfeiffer
webb v emo air cargo (2)
reaffirmed marleasing
but held national interpretation rules imposed limitations of extent of IDE
wagner miret
national courts must presume MS intended to comply with EU law
pfeiffer (2)
reaffirmed marleasing
IDE requires that national courts consider national law as a whole
statutory interpretation 3 rules
courts interpret national law in light of wording of dir to achieve purpose of dir
national courts must presume ms intended to comply with eu law
ide requires that national courts consider national law as a whole
2 general principles of eu law plus case
limit of ide in relation to this plus case
general principles of eu law;
- legal certainty
- non-retroactivity - rolex
but application of ide may result in civil liability on a private party - granada
