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Flashcards in Authority Deck (14):
1

A177 EEC

Preliminary Ruling System

2

Van Gend En Loos

Key Words: Direct Effect

Facts: VGL imported into Netherlands - goods categorised under 8% VAT when in fact they should be under 3%

Ratio: Direct Application of A12 EEC - nationals may on the basis of the Article lay claim to rights which the NC must protect

3

Costa v Enel

Key Words: Supremacy; Direct Effect

Facts: It nationalised the electric energy industry - Mr C refuses to pay electricity invoice

Ratio: EU law takes priority

4

Handelsgesellschaft

Key Words: Constitutional Rules Conflict; Direct Effect

Facts: Cereal business - directive invalid? Argue excessive intervention w freedom of trade

Ratio: If EU law conflicts with constitutional rules, EU law still needs to be applied and national rules ignored. No factors affecting validity of directive

5

Simmenthal

Key Words: Supremacy; Duty of National Courts

Facts: Imported beef - veterinary checks detrimental to free movement of goods

Ratio: National courts must apply community law

6

Melloni

Key Words: Duty of National Courts

Facts: Arrest Warrant - may refuse to execute based on infringement of fundamental rights guaranteed by constitution?

Ratio: No- would undermine primacy of EU law- undermine mutual trust

7

Solange I and II

Key Words: German Court

Ratio:

I- So long as EU has no BoR, Constitutional Court will retain authority

II- Satisfied that fundamental rights are protected by ECJ - take back seat while this is the case

8

Maastricht/ Brunner/ Kompetenz

Key Words: Conferred Powers, UV; German Court

Facts: GCC confirmed legality of German ratification of Maastricht

Ratio: ECJ needs to respect conferral- MSs decide what is within competencies
Hinted: If EC failed, GCC would apply control of UV acts

9

Honeywell

Key Words: Conferred Powers, UV

Ratio: UV if manifest violation of competence in a structurally significant manner + CJE had the opportunity to rule on the matter

10

Lisbon Decision

Key Words: National Constitutional Identity

Ratio: Use of flexibility clause needs consent of German Parl - More integration would require new Gr Constitution

11

OMT/ Gaweiler

Key Words: Conferred Powers, UV; Supremacy

Facts: OMT program designed by ECB - exceeds powers conferred?

Ratio: No exceeding of competences - look at object and instruments
Did not violate prohibition of monetary financinf

12

A50 TEU

Withdraw from the union

13

A5 TEU

The limits of Union competences are governed by the principle of conferral.

The use of Union
competences is governed by the principles of subsidiarity and proportionality.

14

A4 TEU

Principle of Equality