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Flashcards in Direct effect - Cases Deck (17):
1

Describe the facts of Van Gend en Loos

- First case on direct effect
- Importation of formaldehyde, customs duty imposed on imports into Holland
- Breaches Art 30 TFEU
- VGL challenged custom duty on basis of this article precluding customs duty
- Referred to ECJ, who agreed, that customs duty did breach article 30
- Therefore articles have direct effect
- Therefore the national law had to be changed

2

Describe the effects of Defrenne v SABENA

- Air stewardess
- Paid less than equivalent man
- Used article 157 TFEU – equal pay for equal work
- Can be used horizontally as article

3

What case demonstrates the supremacy of EC law? What case confirmed this

Costa v ENEL
Simmenthal

4

What rule was stated in Coopertiva?

Sufficiently clear and precise
Unconditional

5

Describe the effects of Francovich

Sought outstanding wages when company went bankrupt
Tried to use Directive 80/987
No direct effect as not CPU

6

Describe the facts of Van Colson

2 German females prison workers not employed on basis of gender, given inappropriate compensation
Tried to use article 6 equal treatment directive
Not sufficiently CPU

7

What case shows that direct effect can also enforce a positive obligation?

Lutticke;
- Article 110 prohibits discriminatory taxation
- This article had direct effect as CPU
- Confirmed positive obligations can be directly effective

8

What case shows that regulations are directly effective as well as directly applicable?

Franz Grad

9

Describe the facts of marshall

- Worked for public health authority
- Women made to retire earlier than men
- Breached equal treatment directive 76/207
- Directive had direct effect as against an emanation of the state
- Directives have vertical effect only

10

What case demonstrates the lack of horizontal direct effect?

Dori

11

Describe the facts of Ratti

- Ratti made changes to packaging of solvents to comply with directive 73/173
- However these changes violated Italian law
- Italy had not yet implemented directive, so Ratti was in breach of Italian law
- This shows the rule that for a directive to have direct effect the implementation date must have passed

12

What does the case of Marks & Spencers demosntrate

Directive can still have direct effect where the directive is not correctly implemented into national law

13

What case lays down the 2 tests for state emanation?

Foster v British Gas PLC
- 6 women forced to retire at 60 rather than the male 65
- Used equal treatment directive 76/207
- The UK courts developed 2 tests;
Bipartite test;
• Subject to authority or control of state OR
• Special powers
Tripartite test;
• Provides public service AND
• Under control of state AND
• Special powers
- CJ approved the tripartite test, however both can be used where appropriate
- Foster v British Gas plc (no.2) – British gas is an emanation of the state

14

What cases approve the tripartite test?

Griffin v SW water
Reiser
Dominguez
Una Film City Revenue

15

Which case developed a different bipartite test for state emanation?

St Mary's CoE Junior School;
- Applied different bipartite test for state emanation;
- Performing public service
- Under state control

16

What cases approved the bipartite test?

Sozialhilfeverband
Vassallo
Kamplemann

17

What case suggested that direct effect could be horizontally effective in inverse cases?

R(wells) v SST