Flashcards in Direct effect - Cases Deck (17):
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
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
What case demonstrates the supremacy of EC law? What case confirmed this
Costa v ENEL
What rule was stated in Coopertiva?
Sufficiently clear and precise
Describe the effects of Francovich
Sought outstanding wages when company went bankrupt
Tried to use Directive 80/987
No direct effect as not CPU
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
What case shows that direct effect can also enforce a positive obligation?
- Article 110 prohibits discriminatory taxation
- This article had direct effect as CPU
- Confirmed positive obligations can be directly effective
What case shows that regulations are directly effective as well as directly applicable?
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
What case demonstrates the lack of horizontal direct effect?
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
What does the case of Marks & Spencers demosntrate
Directive can still have direct effect where the directive is not correctly implemented into national law
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;
• Subject to authority or control of state OR
• Special powers
• 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
What cases approve the tripartite test?
Griffin v SW water
Una Film City Revenue
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
What cases approved the bipartite test?