Case Law 1

Question 1

Direct effect & Primacy of EU law

Answer 1

Van Gend en Loos

Question 2

Supremacy of EU law

Answer 2

Costa vs ENEL

Question 3

In finding a legal basis a dual legal basis is not possible where the provedures provided for each basis are incompatib.
A legal basis should be chosen based on objective factors amendable to judicial review

Answer 3

Titanium Dioxide

Question 4

Establishing limits of Art. 114 TFEU: only abstract risk or obstacle not sufficient, it has to be concrete

Answer 4

Tobacco advertising

Question 5

Principle of subsidiarity (5 TEU) can be used for e.g. human rights protection

Answer 5

Vodafone

Question 6

Human rights as fundamental principles

Answer 6

Stauder

Question 7

Provisions need to be clear, precise and unconditional for primary law to have direct effect

Answer 7

Van Gend en Loos

Question 8

Regulations have direct effect if they are clear, precise and unconditional

Answer 8

Leonesio

Question 9

Directives can have direct effect if the rule is clear, precise and unconditional and there is a VERTIAL relationship

Answer 9

Becker

Question 10

Wrongly or non-implemented directives still can have direct effect

Answer 10

Marks and Spencer

Question 11

Estoppel principle applies to vertical direct effect, but not to horizontal

Answer 11

Ratti

Question 12

Provate bodies can be considered as an emmanation of the state if they probide a public service that enables them with special and they are subject to or part of a public authority, meaning vertical direct effect exists

Answer 12

Foster

Question 13

Non-implementation of a diective is always a sufficiently serious breach

Answer 13

Dillenkofer

Question 14

No horizontal direct effect with non-implemented directives

Answer 14

Faccini Dori

Question 15

Indirect effect does not work if national vourts find that EU law contradicts national law ir if there is no law to compare

Answer 15

Marleasing

Question 16

State liability - MS are liable for damages for individuals caused by wrongdoings of the state

Answer 16

Francovich

Question 17

Rights for state liability exist, if there is a sufficient, serious breach, damage exists, causal link between breach and damage

Answer 17

Brasserie du Pêcheur

Question 18

Wrong interpretation of EU law by court of last instance of a MS can give rise to state liability if it is appropriate serious

Answer 18

Köbler

Question 19

Non-implementation of a directive is always a sufficiently serious breach

Answer 19

Dillenkofer

Question 20

National courts cannot decide on validity of EU law or act

Answer 20

Foto Frost

Question 21

Commission is not obliged to commence infringement procedure

Answer 21

Star Fruit

Question 22

Regulatory act

Answer 22

Inuit

Question 23

Union liability (same conditions as Brasserie du Pêcheur)

Answer 23

Bergaderm