Unit 3: The Relationship between National Law and EU Law

Question 1

Van Gend

Answer 1

Direct effect - Treaty - vertical - Van Gend criteria
/
When EU law conflicts with earlier domestic law

Question 2

Defrenne

Answer 2

Direct effect - Treaty - horizontal - The case has satisfied the Van Gend criteria

Question 3

Leonesio

Answer 3

Direct effect - Regulation - vertical - The case has satisfied the Van Gend criteria

Question 4

Frumar Ltd

Answer 4

Direct effect - Regulation - horizontal -The case has satisfied the Van Gend criteria

Question 5

Van Duyn

Answer 5

Direct effect - Directive - vertical - The case has satisfied the Van Gend criteria

Question 6

Ratti

Answer 6

Direct effect - Directive - vertical - The time limit for the implementation of the directive has passed

Question 7

Faccini

Answer 7

Direct effect - Directive - horizontal - cannot enforce the rights

Question 8

Farrell

Answer 8

Direct effect - Directive - horizontal - emanation of the State - needs not to satisfy all the elements in Foster

Question 9

Von Colson

Answer 9

Indirect effect - The principle applied to the implementing legislation

Question 10

Marleasing SA

Answer 10

Indirect effect - The principle applied to the non-implementing law

Question 11

Wagner Miret

Answer 11

Indirect effect - cannot be applied if:

The national legislation clearly conflicts with the directive

Question 12

Luciano Arcaro

Answer 12

Indirect effect - cannot be applied if: Indirect effect would impose criminal liability

Question 13

Francovich; Brasserie and Factortame

Answer 13

State liability - The EU law in question confer rights upon individual and there is a causal link
/
The breach must be sufficiently serious
/
Manifestly and gravely disregarding the limit of its power’
/
(for incorrect administrative act)

Question 14

Dillenkofer

Answer 14

State liability - The breach must be sufficiently serious - The failure to implement a directive

Question 15

British Telecommunications

Answer 15

State liability - The breach must be sufficiently serious - (for incorrect implementation/legislative act)

Question 16

Kōbler

Answer 16

State liability - The breach must be sufficiently serious - (Judicial act)

Question 17

Costa

Answer 17

The Supremacy of EU Law - When EU law conflicts with later domestic law

Question 18

Internationale Handelsgesllschaft mbh

Answer 18

The Supremacy of EU Law - When EU law conflicts with the national constitution

Question 19

Swedex GmbH

Answer 19

The Supremacy of EU Law - When domestic law conflicts with the principles of EU law

Question 20

Simmenthal

Answer 20

The Supremacy of EU Law - When EU law requires the disobedience of domestic law - The lower court can uphold the supremacy of EU law

Question 21

Factortame

Answer 21

The Supremacy of EU Law - When EU law requires the disobedience of domestic law - do anything which is not empowered by the domestic law

Question 22

Francovich

Answer 22

Remedies - ‘principle of equivalence’

Question 23

Marchall

Answer 23

Remedies - ‘principle of effectiveness’