Supremacy and Direct Effect

Question 1

Van Gend en Loos

Answer 1

Established Vertical Direct Effect criterion:

1) Sufficiently clear and precise
2) Unconditional

Question 2

Costa v ENEL

Answer 2

Established Supremacy of EU law

Question 3

Internationale Handelsgesellschaft

Answer 3

EU law takes precedence over national constitutions, including fundamental rights provided by them

Question 4

Simmenthal

Answer 4

Supremacy of EU Law:

1) Applies in ALL national courts irrespective of when the national law was enacted
2) National law is disapplied

Question 5

Defrenne v SABENA (No.2)

Answer 5

Established Horizontal direct effect (against private parties as well as the state)

Question 6

Carp Snc

Answer 6

Decisions may be relied upon only against the party to whom the decision is addressed.

Question 7

Franz Grad

Answer 7

Established that decisions are capable of direct effect

Question 8

Van Duyn

Answer 8

Established that directives are capable of direct effect

Question 9

Ratti

Answer 9

Rationale for directive direct effect: ‘MS cannot rely on its own failure to perform the obligations that the directive entails’.

Question 10

Marks & Spencer

Answer 10

Directive implementation issue:
1) Correctly implemented but national measures not being applied by national authorities in a way that achieves the result sought by it

Question 11

Marshall v Southampton

Answer 11

Directives can have direct effect against the state, but not private parties.

Question 12

Farrell v Motor Insurers Bureau of Ireland

Answer 12

Current tripartite test for emanations of the state:

1) Is a legal person governed by public law that is part of the state?
2) Is subject to the authority or control of a public body?
3) Is required by a public body to perform a task in the public interest for which it has special powers?