Direct Effect & Supremacy

Question 1

The conditions for direct effect (and case)

Answer 1

Van Gend en Loos: Sufficiently clear, precise and unconditional

Question 2

The case that established direct effect (for ALL EU law)

Answer 2

Van Gend en Loos. The member states have limited their sovereign rights.

Question 3

Case that said that Directives can have direct effect only after the implementation period has expired

Answer 3

Ratti

Question 4

Definition of direct effect

Answer 4

Where EU law grants rights to an individual, they can be enforced before domestic courts

Question 5

The case where even though the original directive said that in order to achieve its aim, further directives would be issued (and those directives hadn’t yet been issued), the original directive was still sufficiently clear, precise and unconditional to have direct effect

Answer 5

Reyners v Belgium (non-discrimination on grounds of nationality)

Question 6

What is the nature of directives and which article do we find that information in?

Answer 6

Binding on MSs as to the result, but MSs can choose the form and methods of implementation. Art 288 TFEU

Question 7

An example of the direct effect of a TREATY article

Answer 7

Defrenne v Sabena (equal pay for men and women)

Question 8

Definition of supremacy

Answer 8

EU law prevails over domestic law

Question 9

The case that established the principle of supremacy

Answer 9

Costa v ENEL

Question 10

The case that established that Directives CAN have Direct Effect

Answer 10

Van Duyn v Home Office