Enforcement Cases Flashcards Preview

EU Law > Enforcement Cases > Flashcards

Flashcards in Enforcement Cases Deck (11):
1

Hedley Lomas

The UK prevented the export of Sheep to spain because of the inhuman way they killed them. The EU said NO, you must follow proper procedure, namely Art 259!

2

Van Gend en Loos

The EU constitutes a new legal order where the MS have limited their sovereign powers.
-Community law is therefore an authority

3

Costa v ENEL

No provision of domestic law can override the treaty. The Treaty is Supreme.
-The Idea of the EU is to have a single uniform rule across Europe and this would be ruined

4

Van duyn

if a directive has been imposed on a MS, the useful effect of their obligations to pursue that matter in a certain way would be weakened if Individuals were prevented from relying on it.

5

Ratti

Estoppel; An individual can rely on a directive past the date of implementation because a MS should not be allowed to benefit from their own wrongdoing.

6

Wallonie

MS must refrain from enacting any law during the implementation period that will make it impossible or more difficult for them to implement the directive

7

Marshall

Directives cannot have Horizontal Direct Effect

8

Foster

State Bodies and Authorities whose power is largely defined by public law are emanations of the state and therefore fall under Vertical Direct Effect
1) origin of body/powers
2) activity body engages in
3) Degree of state controls
4) Special Powers

9

Von Colson

Court created the duty of Harmonious Interpretation of directives, the courts should take all appropriate measures to ensure that they fulfill the obligations from the treaty

10

Marleasing

The Duty of Harmonious interpretation was expanded so that it include the whole legal system (i.e.. all laws)

11

Centrosteel

The Duty of Harmonious interpretation only arises after the date of implementation has passed.