Unit 1:3

Question 0

Van Gend Criteria

Answer 0

• must be sufficiently clear and precise
• unconditional
• no room for exercise of discretion in implementation by the member state or community institutions

Question 1

Can EU legislation be use in a national court?

Regulation or Treaty Article

Answer 1

Is it directly effective?- Van Gend criteria
Yes-> applied vertically or horizontally (if conflict EU prevails)
No-> No rights under EU law

Question 2

Can EU legislation be used in a national court?

Directive

Answer 2

Correctly Implemented -> rely on national law
Not Correctly Implemented-> used horizontally or vertically?
Vertically-> Van Duyn criteria to determine if directly effective
Horizontal-> Try indirect effect-> national leg should be read in line with EU law unless clear conflict-> if not possible then state liability

Question 3

Van Duyn Criteria

Answer 3

Whether a directive has vertical direct effect (citizen v state):

• clear
• precise
• unconditional

Question 4

Foster v British Gas Criteria

Answer 4

(whether body is an emanation of the state)

• under stat control to provide a public service
• under state control
• has special powers

Question 5

Von Colson principle

Answer 5

Interpret national legislation to give effect to EU directives

Question 6

Wagner Miret

Answer 6

Principle cannot be used where national legislation clearly conflicts with the Directive

Question 7

Francovich Criteria to determine whether the state may be sued and [Brasserie du Pecher]:

Answer 7

• must be a right conferred upon individuals [by rule of law] contained in a directive
• must be a [direct] causal link between failure to implement the directive and the damage
• contents of rights must be identifiable from directive
• [breach must be sufficiently serious, manifestly and gravely disregarded the limits on its powers]

Question 8

Marleasing

Answer 8

Even if there is a complete non-implementation of a directive, indirect effect can still be used