Direct Effect Cases

Question 1

effect of Van Gend en Loos

Answer 1

established DE of Art 30 if

• clear
• precise
• uncondtional

Question 2

costa v ENEL

Answer 2

EU law is supreme

Question 3

Defrenne No 2

Answer 3

• DE can be horizontal or vertical

- Found Art 157 DE

Question 4

Lutticke

Answer 4

Treaty articles imposing positive obligations can be directly effective

Question 5

Grimaldi

Answer 5

Recommendations and Opinions are not directly effective

Question 6

Van Duyn

Answer 6

Directives can be directly effective

Question 7

Marshall

Answer 7

directives can only be vertically DE

Question 8

Dori Faccini

Answer 8

confirms directives can only be vertically DE

Question 9

Ratti

Answer 9

directive can only be directly effective after implementation date has passed

Question 10

Verbond

Answer 10

can use partially/incorrectly implemented directive for DE if Ratti and VGL tests are passed

Question 11

Foster v British Gas

Answer 11

something is an emanatio of the state if

• provides public service
• under state control
• has special powers

Question 12

Griffin v Sourth West Water

Answer 12

used Foster test and found an EoS

Question 13

NUT v St Mary’s Church School

Answer 13

only need two of the Foster test to find an EoS:

• provide public service
• state control

Question 14

Kampelmann

Answer 14

only one of the Fosters tests was used to find an EoS

Question 15

Doughty v Rolls Royce

Answer 15

• Confirms directives do not have DE

- uses full Foster test and did not satisfy all three so no an emanation of the state

Question 16

Reiser v Autobahn

Answer 16

uses Foster test as alternatives (like Kampelmann) so holds this is an EoS

Question 17

Becker

Answer 17

tax authorities aer EoS

Question 18

Fratelli

Answer 18

Local authorities are EoS

Question 19

CC Royal Ulster Constabulary

Answer 19

RUC is emanation of state

Question 20

Universitaria di Cagliari

Answer 20

University is emanation of state

Question 21

Von Colson

Answer 21

Establishes indirect effect

Question 22

Harz

Answer 22

IE can be vertical and horizontal

Question 23

Litser v Dry Dock

Answer 23

HL takes purposive approach for IE

Question 24

Marleasing

Answer 24

• Allowed horizontal IE from unimplemented directive
• irrelevant if national law in question is made before or after directive - the directive can still be used to interpret that law

Question 25

Wagner Miret

Answer 25

• national law could not be interpreted through IE

- directive too imprecise to be DE

Question 26

Webb v EMO Air Cargo

Answer 26

cannot distor meaning of laws to interpret them to fit EU legislation

Question 27

Kolpinghuis

Answer 27

MS cannot use a directive itself without national implementing law to determine/aggravate criminal liability

Question 28

Grimaldi

Answer 28

recommendations/opinions can influence interpretation of domestic law

Question 29

Francovich

Answer 29

establishes state liability

• directive should confer rights to individuals
• rights should be identifiable
• causal link between state obligation and damage to parties

Question 30

Factortame

Answer 30

example of state liabillity

Question 31

R v BT

Answer 31

breach was excused because

• other countries made same implementation mistake
• directive not precise
• UK made mistake in good faith
• interpretation by UK not manifestly different to wording in D
• no guidance from EU

Question 32

R (hedley lomas) v Minister of Agriculture

Answer 32

small breach of EU legislation still constituted state liability

Question 33

Franz Grad

Answer 33

Regulations and decisions are directly effective

Question 34

Antonio Munoz

Answer 34

Confirms Franz Grad - Regulations have direct effect

Question 35

Simmenthal

Answer 35

supremacy of EU law over domestic law