indirect effect and state liability

Question 1

article

Answer 1

Art 4(3) - loyalty clause, sincere cooperation

Question 2

what kind of obligation is imposed by this article?

Answer 2

interpretative obligation - national law needs to be interpreted in accordance iwth EU law

Question 3

directives

Answer 3

horizontal and vertiacl indircet effect even for national provision that far predates the directive and had a very different purpose (Marleasing)

Question 4

recommendations

Answer 4

suggests the same for treaty provisions

Question 5

scope

Answer 5

• should be applied before direct effect
• whole of national law, not just what is directly related to the directive

Question 6

limitations

Answer 6

• courts do not hav eto distort the meaning of national provisions
• no effect on criminal liability

Question 7

When is the state liable?

Answer 7

• confers rights on individuals
• direct causal link between breach and damage
• “sufficiently serious” breach (which is always the case for unimplemented directives)