Week 7&8

Question 1

Direct effect

Answer 1

capacity of a provision of EU law to be invoked before a national court
Van Gend & Loos

Question 2

Van Gend & Loos

Answer 2

direct effect of EU law on its own authority
Provision can be invoked when: unconditional and sufficiently precise

Question 3

Primacy of EU law

Answer 3

over national law
COSTA v. ENEL

Question 4

COSTA v ENEL

Answer 4

MS limited their sovereignty rights
Primacy of EU law on its own authority

Question 5

Horizontal direct effect

Answer 5

Defrenne v SABENA
treaty provision

Question 6

Vertical direct effect of directives

Answer 6

Van Duyn v Home Office
arguments of CJEU: effectiveness, estoppel argument (MS can’t benefit from own wrongdoing)
Vertical Direct Effect if sufficiently precise and unconditional + time limit over (if mis-implemented)

Question 7

NO Horizontal Direct effect of directives

Answer 7

Marshall v Southampton and South-West…
directive may not of itself impose obligations on individuals (Faccini Dori)

Question 8

“Broad” interpretation of vertical

Answer 8

Marshall v Southampton and South-West…
regardless of capacity in which it is acting (employer or public authority)
Foster v British Gas: emanation of state=
body made responsible for providing public service
under control of state
whatever its legal form
special powers

Question 9

Indirect effect

Answer 9

if mis-implementation
alternative
national courts required to interpret their national laws in light of wording and purpose of directive
(Von Colson and Kamann)

Question 10

Indirect effect limitations

Answer 10

as far as possible
there must be national law to interpret, court can’t make up new ones
legal certainty
non-retroactivity
no interpretation contra legem