Indirect effect

Question 1

Von Colson and Hartz

Answer 1

Origins of indirect effect, which takes place when DE can’t due to failure of Van Gend test. Good faith clause, Art 4(3) TEU

Question 2

Marleasing

Answer 2

Duty to interpret national law in a way that’s sympathetic with EU law still applies even if the domestic law predates the EU law

Question 3

Wagner Miret

Answer 3

Acknowledges it isn’t always possible to interpret EU law with national law when the national law predates

Question 4

Litster v Forth Dry Dock

Answer 4

When interpreting national law to be sympathetic with EU law and give indirect effect, it is not possible to distort the meaning of the national legislation UNLESS this legislation was intended to implement the EU law