cases

Question 1

Van Gend and Loos

Answer 1

Vertical direct effect -
that means individuals can use EU law before national courts to claim individual rights

Question 2

Stauder

Answer 2

“In doing so it acknowledged that human rights formed part of unwritten general principles of EU law”

Question 3

Solange I

Answer 3

German Court would review EU rights as long as they did not have the same protection level as the national fundamental rights

Question 4

Solange II

Answer 4

the Solange II formula reflects the German Constitutional Court’s position that it would accept EU law’s primacy, provided that the EU legal order effectively protected fundamental rights in a manner comparable to the German Basic Law

Question 5

The Bosphorus ruling

Answer 5

[T]he Court is of the opinion that the protection of fundamental rights under Community law can be regarded as equivalent to that provided by the ECHR […]

HOWEVER where in a concrete case there is a serious violation, then u can go to salzburg

Question 6

Court of Justice of the European Union (CJEU) in Opinion 2/13

Answer 6

ECJ rejected a draft agreement providing for the accession of the EU to the European Convention of Human Rights (ECHR). It also provides a first glimpse of how the ECtHR views the EU law principle of mutual trust

Question 7

Avotinš v. Latvia

Answer 7

the ECrtHR revisits its case law on the Bosphorus presumption, which exonerates, under certain conditions, EU Member States from their responsibility under the ECHR when they apply EU law. Although mutual trust implies a reduced control over fundamental rights protection and a quasi-automatic recognition of judicial decisions, the ECrtHR remains confident that the EU protection of these rights is equivalent to the ECHR

Question 8

Hoechst

Answer 8

the Court of Justice had held that the inviolability of the
home did not protect business premises of undertakings against the intervention of public authorities.

Question 9

ERT

Answer 9

Community law (ECHR) has to be kept in mind when restricting the four freedoms and human rights

Question 10

Wachauf

Answer 10

When MS have leeway in how to implement a directive, then they should regard EU fundamental rights

Question 11

Akerberg

Answer 11

that the fundamental rights guaranteed in the EU legal order apply in all cases regulated by EU law

Question 12

Annibaldi (x&x)

Answer 12

Human rights have to be applied when there is a nexus to EU law

Question 13

Defrenne

Answer 13

horizontal effect
sex discrimination –> labour contracts

Question 14

Angonese

Answer 14

Direct discrimination (art 45 tfeu) leads to direct horizontal effect

Question 15

Raccanelli

Answer 15

the behaviour in the conclusion of contracts of a private association, such as the (publicly funded) Max Planck Society, must observe the principle of non-discrimination

Question 16

Mangold

Answer 16

(horizontal effect of directives based on discrimination on age)
EU directive prohibiting by bases on age AND eu fundamental right

Question 17

Kücükdeveci

Answer 17

seems to allow the Directive to be, in effect, directly applied also in a claim against a private sector employer.

Question 18

Egenberger

Answer 18

the national court must enforce the rights to non-discrimination and effective judicial protection enshrined, respectively, in Articles 21 and 47 of the Charter which are capable of producing horizontal direct effect.
- Because it was precise enough

Question 19

AMS

Answer 19

wrong implementation leads to state liability

But not every charter provision leads to direct effect -

Question 20

Glatzel

Answer 20

equal treatment

But MS should have implemented more concrete measures to ensure direct effect.

Question 21

LF V SCRL (C-344/20,

Answer 21

difference between direct and indirect discrimination (fundamental rights)

Question 22

MAS (“Taricco II”)

Answer 22

national fundamental rights may prevail over EU law; only exceptionally, as there is an equivalent of right on EU law

Question 23

Melloni

Answer 23

national authorities and courts remain free to apply national standards of protection of fundamental rights, provided that the level of protection provided for by the Charter and the primacy, unity and effectiveness of EU law are not thereby compromised.