Theory Cases Flashcards
Costa v ENEL
- EU law always prevails over national law
- Law stemming from treaty cannot be overridden by national law
Primacy / Supremacy of EU Law
Solange I
- EU law always prevails over National law, including the highest national constitutional rules
Van Gend & Loos
- Direct Vertical Effect of Treaties and Regulations
- Resulting Conditions
1. Provision is Clear
2. Provision is unconditional
3. Provision does not require any further implementation by MS
Direct Effect
Defrenne II
- Direct horizontal effect of treaties
- Use Van Gend & Loos Conditions
1. Provision is clear
2. Unconditional
3. Does not require any further implementation by the MS - Imposes obligations on MS to confer rights
- Additional Note: A provision must correspond to the obligation of a private party
Leonesio
- Direct vertical effect of regulations
- Rights for individuals arise when conditions set out in the regulation are complied with (MS CANNOT CHANGE THIS)
- Case law only applies to provisions in which a regulation is clear and unconditional
Simmenthal II
- Direct horizontal effect of Regulations
- Direct Applicability : EU law must be fully and uniformly applied in the MS
- Regulations have direct, vertical & horizontal effect
- National Courts must dissapply NR incompatible with EU law
Difference between direct applicability and direct effect
STILL NEEDS TO BE MENTIONED W REGARDS TO DIRECT EFFECT
Marshall
- Direct Vertical Effect of Provisions of Directives
- Directive may never create obligations on individuals
- Elaboration of direct effect of directievs requirements
–> Apply Van Gend & Loos Criteria
Egenberger
- Direct Horizontal Effect of Charter
- Use van Gend & Loos criteria
Bauer
- Direct Horizontal Effect of Charter
- Use van Gend & Loos criteria
- Gave rise to additional requirement for horizontal relationships
—> Right must entail, by its nature, a corresponding obligation on a private party
Chernobyl
Centre of Gravity Test
Choice of a legal basis must be based on objective factors such as the aim and content of the measure
Legal Basis
Tobacco Advertising
A measure adopted based on a certain legal basis must genuiney have (as its objective) what its legal basis states
Ireland v EP & Comission
The choice of the lgeal basis has to be beased on what the measure’s predominant objective and what it predominantly effects
Legal Basis
Council v Commission
3 Requirements for the withdrawal of the Council
1. The Council must not have acted yet
2. The Commission must state to the Parliament and the Council the grounds for the withdrawal, which have to be supported by cogent evidence or arguments.
3. The Commission may only withdraw a proposal after having due regard to the concerns of the Parliament and the Council, in the spirit of sincere cooperation.
REWE
- EU procedural rules take precedence over National rules
- If there are none, NL applies (must still adhere to principle of equivalence and effectiveness)
Principles of Equivalence:
Rules for protecting people’s rights in the EU shouldn’t be worse than rules in a country’s own laws.
Principle of effectiveness
National Rules shouldn’t make it nearly impossible or very hard to use the rights given by EU Law.
Brasserie du Pêcheur
- Made conditions of State Liability
1. Rule of law infringed must be intended to confer rights on individuals
2. Breach must be sufficiently serious
3. Must be a causal link between the breach of the obligation resting on the State and the damage sustained by the injured parties - State liability is not only a residual remedy
