Judicial Application Flashcards
Marshall
Key Words: No Horizontal Effect for Directives; Textual Rationale
Facts: Dismissed because past retirement age - could she rely on equality of treatment under Directive 76/207?
Ratio: D could be relied upon in front of national court - sufficiently clear; binding nature; interpretative duty
Foster v British Gas
Key Words: Emanation of the State
Facts: Compulsory retirement under Gas Act 1986
Ratio: Can rely on directive against BG - regardless of capacity in which State was acting - responsible for providing a public service under state control + special powers
Faccini Dori
Key Words: No Horizontal Direct Effect
Facts:Concluded English language course contract prohibited under a D
Ratio: Contract cannot be avoided - No horizontal direct effect but could recover from Italy
Marleasing
Key Words: Application of Marshall and Von Colson
Facts: Domestic code clash with D not yet implemented
Ratio: M- D may not of itself impose obligations on an individual BUT Interpretative Duty (VC)
CIA Security International
Key Words: Incidental Direct Effect
Facts: Belgian requirements for alarm units – breach D requiring such laws to be approved by Commission
Ratio: Incidental Effect Doctrine - technical directives required to ensure free movement of goods
Francovich
Key Words: State Liability, Damages
Facts: D guarantee employee minimum of protection in case of insolvency - private individual affected by MS failure to implement
Ratio: Could recover damages from MS
Brasserie de Pecheur
Key Words: State Liability, Damages, Apply Francovich
Facts: Obliged to cease export from Germany due to allegations that bear did not fulfil purity requirement
Ratio: Community imposes state liability - law infringed myst be intended to confer rights on individuals + sufficiently serious + direct causal link between breach and effect
Kobler
Key Words: Remedies, Judicial Liability
Facts: University professor, years in other MSs not taken into account- Austrian SC withdrew request for preliminary ruling
Ratio: MS liable for damages caused to an individual by an infringement of community law attributable to a SC if the infringement is manifest
Legislation
TFEU A258-260: Infringement Procedure
TFEU A4(3): Sincere Cooperation
TFEU A288: Regulation - general application v Directive - binding as to the result
Articles
Craig - policy denying horizontal effect to directives is flawed
Lock - MS liability is not as important as people think; Infringement Procedure has better success rates
Von Colson
Key Words: Indirect Effect/ Harmonious Interpretation Obligation
Ratio: EU law requires sincere cooperation and effective compensation
