Supremacy and Direct Effect

Question 1

Costa v ENEL 1964

Answer 1

established the doctrine of supremacy

Question 2

Internationale Handelgesselshaft 1970

Answer 2

the law stemming from the Treaty, an independent source of law, cannot because of its very nature be overridden by national law

Question 3

Simmenthal 1978

Answer 3

in a case of a conflict, national courts should not apply conflicting national legislation

Question 4

Evans Medical 1993

Answer 4

provisions of an agreement contrary to EU law may continue to be applied where the performance of that agreement may still be required by non-MS that are parties to it; only minimally tho

Question 5

Factortame 1991

Answer 5

UK courts have the power to disapply acts conflicting with EU law

Question 6

Thoburn v Sunderland CC 2002

Answer 6

confirms supremacy in 4 ways, ECA a constitutional statute

Question 7

Van Gend en Loos 1963

Answer 7

introduction of direct effect, here a Treaty article

Question 8

Defrenne v SABENA 1976

Answer 8

Treaty Art directly effective if clear, precise and unconditional

Question 9

Van Duyn 1974

Answer 9

vertical DE of directives

Question 10

Facing Dori 1995

Answer 10

lack of horizontal DE for directives, SL possible as Italy didn’t implement it

Question 11

Ratti 1979

Answer 11

VDE of directives only when time for implementation passed

Question 12

Marshall v Southampton HA 1986

Answer 12

emanation of the state; generally directives binding in relation to MS only

Question 13

Foster v British Gas 1991

Answer 13

emanation of the state is the body which had been made responsible by statute for proving a public service under state control and which had special powers to enable it to do so