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Flashcards in Direct Effect Cases Deck (35):
1

effect of Van Gend en Loos

established DE of Art 30 if
- clear
- precise
- uncondtional

2

costa v ENEL

EU law is supreme

3

Defrenne No 2

-DE can be horizontal or vertical
-Found Art 157 DE

4

Lutticke

Treaty articles imposing positive obligations can be directly effective

5

Grimaldi

Recommendations and Opinions are not directly effective

6

Van Duyn

Directives can be directly effective

7

Marshall

directives can only be vertically DE

8

Dori Faccini

confirms directives can only be vertically DE

9

Ratti

directive can only be directly effective after implementation date has passed

10

Verbond

can use partially/incorrectly implemented directive for DE if Ratti and VGL tests are passed

11

Foster v British Gas

something is an emanatio of the state if
-provides public service
- under state control
- has special powers

12

Griffin v Sourth West Water

used Foster test and found an EoS

13

NUT v St Mary's Church School

only need two of the Foster test to find an EoS:
-provide public service
- state control

14

Kampelmann

only one of the Fosters tests was used to find an EoS

15

Doughty v Rolls Royce

- Confirms directives do not have DE
- uses full Foster test and did not satisfy all three so no an emanation of the state

16

Reiser v Autobahn

uses Foster test as alternatives (like Kampelmann) so holds this is an EoS

17

Becker

tax authorities aer EoS

18

Fratelli

Local authorities are EoS

19

CC Royal Ulster Constabulary

RUC is emanation of state

20

Universitaria di Cagliari

University is emanation of state

21

Von Colson

Establishes indirect effect

22

Harz

IE can be vertical and horizontal

23

Litser v Dry Dock

HL takes purposive approach for IE

24

Marleasing

- Allowed horizontal IE from unimplemented directive
- irrelevant if national law in question is made before or after directive - the directive can still be used to interpret that law

25

Wagner Miret

- national law could not be interpreted through IE
- directive too imprecise to be DE

26

Webb v EMO Air Cargo

cannot distor meaning of laws to interpret them to fit EU legislation

27

Kolpinghuis

MS cannot use a directive itself without national implementing law to determine/aggravate criminal liability

28

Grimaldi

recommendations/opinions can influence interpretation of domestic law

29

Francovich

establishes state liability
- directive should confer rights to individuals
- rights should be identifiable
- causal link between state obligation and damage to parties

30

Factortame

example of state liabillity

31

R v BT

breach was excused because
- other countries made same implementation mistake
- directive not precise
- UK made mistake in good faith
- interpretation by UK not manifestly different to wording in D
- no guidance from EU

32

R (hedley lomas) v Minister of Agriculture

small breach of EU legislation still constituted state liability

33

Franz Grad

Regulations and decisions are directly effective

34

Antonio Munoz

Confirms Franz Grad - Regulations have direct effect

35

Simmenthal

supremacy of EU law over domestic law