EU Law - State Liability and National Remedies x2 Flashcards Preview

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Flashcards in EU Law - State Liability and National Remedies x2 Deck (186):
1

What case required damages be available in principle for breach of EU law?

Courage v Crehan

2

What was the basic principle disabled in Factotame?

No interim relief against the Crown

3

When is it more likely the EU will lead it to the national remedies?

If court emphasises national autonomy and concerns ancillary procedural rights

4

What was considered unacceptable in Factortame?

An absolute prohibition on interim relief

5

What section of what Treaty covers duty of Members to offer remedies and EJP?

Article 19 TFEU

6

What case affirmed and extended Marshall?

Evans

7

What case said specific remedy required at national if flows from substantive provisions?

San Giorgio

8

Duty of Members to make good any damage caused

Article 340 TFEU

9

Just remedy under EU Charter

Article 47

10

Dekker-Stichting general

Pregnant, ETD

11

What created uncertainty in national remedies?

Creative national courts displaying national rules in some cases and not in others

12

What case added effectiveness and adequacy to twin principles?

Von Colson

13

What case drew a distinction between dismissal on grounds of sex and discriminatory denial of social security?

Ex p Eunice Sutton

14

Case allowing Domestic law still primary role in determining conditions for grant of specific remedy required by EU law

San Giorgio

15

What two cases show the CJEU being lenient on sufficiently serious SL requirement?

Ex p BT and Kobler

16

Who said it was better to refer to national procedural autonomy as responsibility?

Dougan

17

Metalgesellschaft

Rejected UK argument of failure to mitigate losses to reduce damages

18

Why was there no SL in Ex p BT?

The measure was unclear so breach was understandable

19

What three things did Francovich require for state liability?

Intended to confer, ascertainable from measure and causal

20

What two rules were disapplied in Marshall?

Jurisdictional and substantive

21

Dekker-Stichting judgment

Didn't allow Member to subject redress claim to 'fault' nor allow defence of justification

22

Danfoss

Virtually impossible

23

What case confirmed that Von Colson goes wider than just sex discrimination?

Johnston v CC

24

Academic on the Schoppenstedt test

Beutler

25

Who highlighted how Unibet was not erga omnes

Arnull

26

Pizzarotti

No automatic review of res judicata judgment if EU provision adopted AFTER delivery

27

Beutler on SL

Not in regal isolation, court can be held liable if makes it insurmountable and never MI yet doesn't mean it is insurmountable

28

Who argued that SL is a residual remedy?

Prechal and Beutler

29

Von Colson general

Equal Treatment Directive

30

Ex p Eunice Sutton general

Arrears of benefit but no interest

31

Case on rules of evidence and effectiveness

Boiron v URSSAF

32

What did the court say was required for dismissal on grounds of sex in Ex p Eunice Sutton?

Reparation for loss and damage

33

No automatic review of res judicata judgment if EU provision adopted AFTER delivery

Pizzarotti

34

What case said that there is very little difference between Factortame and Fvrancovich?

Dillenkoffer

35

What are the two requirements for national remedies for breach of EU law?

Equivalence and practical possibility

36

If there is no EU remedy required, what is the default position?

NPA/NPR through Article 19(1) TEU

37

Ex p Eunice Sutton judgment

Distinction between dismissal on grounds of sex and discriminatory denial of social security

38

Who argued SL is residual?

Beutler

39

Two examples of application of Rechberger

Com v France; Schmidburger v Austria

40

What did Factortame require for SL test

grave and manifest infringement

41

What case tried to limit lucchini effect?

Pizzarotti

42

What type of case was Marshall (according to Ex p Eunice Sutton)?

dismissal on grounds of sex

43

What is it suggested led to the outcome in Marshall?

Substantive importance of ETD in EU law

44

What case rejected that the breach needed to be intentional for SL?

Traghetti

45

What case did they rely on in Dekker-Stichting?

Von Colson

46

What did the court allow in Factortame?

National court could specify the conditions of th interim relief

47

Lucchini

Res judicata cannot prevent recovery of aid

48

Three cases on equivalence generally

Edis v Ministero; Manfredi and Van Schijndel

49

Case reiterating new legal order reasoning from Van Gend to justify damages in principle

Courage v Crehan

50

Hakenberg on SL

Test is 'as yet unclear'

51

When is it more likely the EU will demand a particular remedy?

if the court emphasise a substantive right and if it concerns a remedial right

52

Unibet

Gambling

53

Marshall II judgment

Both substantive and jurisdictional rules for discrimination in breach of EU law removed

54

Three cases showing uncertainty as a result of creativity of national courts in national remedies

Factortame, Marshall and Evans

55

Case stating that non-tranposition = sufficiently serious

Dillenkoffer

56

What was the first case on state liability?

Francovich

57

What case highlights that it is for the Member to enforce EU law and provide remedies etc.?

Rewe v Land

58

What case did Metalgesellschaft draw comparison with?

Marshall

59

What case affirmed Steenhorst?

Johnson II

60

Despite Steenhorst, what was there no retreat from?

Effectiveness and adequacy

61

What case showed SL applies to executive decisions?

Ex p Hedley Lomas

62

Societe Comateb

Case suggesting that SL is a residual remedy

63

Rejected UK argument of failure to mitigate losses to reduce damages

Metalgesellschaft

64

Example of a remedial right

Damages/compensation (Marshall) or access to court (Heylens)

65

3 remedies available in Unibet

Apply then JR, criminal proceedings or damages for no advertising

66

What was influential in Steenhorst?

State concerns of financial balancing

67

Metalgesellschaft essential remedy

Interest

68

What four cases show an obligation to provide a specific remedy?

Metallgesellschaft, Courage v Crehan, Factortame and San Giorgio

69

Who believed that the CJEU preserved the Rechtsfrieden between EU and Members in SL?

Wegener

70

Emmott v Minister for SW general

Retrospective disability payment rejected

71

Boiron v URSSAF

If national evidentiary requirements make EU law difficult to be effective, use 'all procedures available' to ensure EJP

72

What case stated no need for adequacy of payment for arrears?

Eunice

73

What was the claim for in Marshall?

Compensation for discrimination in breach of EU law

74

Two cases on ETD

Von Colson and Dekker-Stichting

75

What case suggested effectiveness even trumps a basic principle of a Member State

Factortame

76

Conditions for SL in Factortame

Intended to confer, sufficiently serious and causal

77

Johnson II

Even without state concerns of financial balancing, one year bar was compatible with EU law

78

In what case did AG Jacobs suggest if effectiveness is always emphasised then could discriminate in favour of EU law

Van Schijndel

79

Manfredi

If similar domestic actions permit specific damages, allow for EU

80

What case sees CJEU stretching national requirements to ensure effectiveness?

Boiron v URSSAF

81

What is the current approach to national remedies and what case?

Balance EJP with NPA, Peterbroeck v Belgian State

82

What case did the court draw on in Factortame in regard to national remedies?

Simmenthal

83

What case stated that Allowing a claim only for 'reliance loss' is ineffective under ETD?

Von Colson

84

Article 47 EU Charter

Just remedy

85

Why is the decision in Dekker-Stichting DOUBTED?

Allowing consideration of fault wouldn't necessarily have made EU law ineffective or impossible

86

Heylens v UNECTEF

Right to effective judicial review

87

What case stated that state liability arises 'whichever' is the action of the Member State?

Brasserie

88

Courage v Crehan

Damages need to be available in principle for breach of EU law

89

What case said that if EU law requires compensation, the Member cannot use factors such as effluxion of time to affect the value

Evans

90

Who believed Kobler showed excessive deference to Members?

Cabral and Chaves

91

National courts can refuse reliance on EU if claimant abusing rights

Dionysios Diamantis

92

What case didn't allow Member to subject redress claim to fault nor defence of justification because of 'effectiveness'?

Dekker-Stichting

93

Dougan on SL

Reliance on SL reduces the effectiveness of national remedies

94

What case said state liability is inherent?

Francovich

95

What is the commensurability requirement in Dekker?

The measure must be reasonable - it need not make EU law impossible before it is considered ineffective

96

What case suggested even a mere infringement may = sufficiently serious if little discretion?

Ex p Hedley Lomas

97

Dougan on NPR

Better NPA

98

Rewe v Hauptzollamt

No new remedies

99

Example of substantive EU right

ETD - Marshall

100

Article 4(3) TEU

Members need to take 'all effective measures to sanction conduct' affecting EU financial interests

101

Ceiling on damages is not always impermissible for 'adequate compensation'

Draehmpaehl v Urania

102

Who thought removing subjective fault from SL in Traghetti removed limiting factor of SL

Ludner

103

Dillenkoffer on intended to confer

Look at provisions of the measure in question

104

Krieger on SL requirements

Rare that the hurdle will ever be overcome

105

Re-open final decision if misunderstanding of EU

Kuhne and Heitz

106

What case introduced a commensurability requirement for national remedies

Marshall

107

What case required that in order to sue the Member over the person who actually caused harm, it must be virtually impossible to sue the latter?

Danfoss

108

Johnston v CC

confirmed that Von Colson goes wider than just sex discrimination

109

Van Shijndel

Per AG Jacobs, if effectiveness is always emphasised then could discriminate in favour of EU law

110

what case showed that there needs to be NO national remedy for EU to demand one?

Unibet

111

Fub v Stedt Halle

Disregard case law

112

Ex p BT general

Unclear

113

Who believed that the requirements for the 'sufficiently serious' leg of SL can be ascertained or helped by the Schoppenstedt test?

Beutler

114

Case requiring grave and manifest infringement for sufficiently serious SL

Factortame

115

Three cases trying to ensure legal certainty and effectiveness

Kuhne and Heitz; Lucchini; Pizzarotti

116

What case built on Fvrancovich?

Factortame

117

Edis v Ministero

Equivalence means no distinction between national and EU law, but not most favourable extended

118

Emmott v Minister for SW facts

Didn't allow a claim for payment under a Directive because time limit had expired by the time the Directive was properly implemented

119

If national evidentiary requirements make EU law difficult to be effective, use 'all procedures available' to ensure EJP

Boiron v URSSAF

120

why did Ludner criticise Traghetti?

Removing subjective fault removes the limiting criteria in sl

121

What case tries to explain Emmott v Minister for SW ?

Texaco A/S

122

What type of case was Ex p Eunice?

discriminatory denial of social security

123

What case showed SL being imposed because sufficiently serious in disregarding case law?

Fub v Stedt Halle

124

Texaco A/S

Confined Emmott v Minister for SW , largely due to misleading conduct in that case

125

Rechberger

State cannot use misconduct of 3rd as a defence to action for damages for breach of EU law

126

What two sources did the court draw on in Heylens v UNECTEF?

Articles 6 and 13 ECHR

127

In what case did the court reiterate that MI is not an insurmountable hurdle?

Traghetti v Italy

128

What case was on a Directive almost identical to that in Marshall?

Ex p Eunice Sutton

129

Case suggesting that SL is a residual remedy

Societe Comateb

130

What did the court say was/was not required for discriminatory denial of social security in Ex p Eunice Sutton?

Not for loss or damage, and interest is not essential

131

Example of ancillary procedural rights

Time limits (e.g. Steenhorst)

132

Article on principle of sincere cooperation

Article 4(3) TEU

133

Ferwerda

Grant of a remedy based on national law, subject to E & PP

134

What should the court have in mind for new approach to national remedies under Peterbroeck?

aim and function of national rule and importance/objective of EU right

135

What was the broader principle from Emmett?

No reliance on domestic law to limit a claim until Directive implemented

136

Ludner

Subjective fault

137

What two cases show a strong initial requirement of effectiveness of national remedies?

Dekker-Stichting and Emmott v Minister for SW

138

Evans

If compensation/restitution required, no exclusion of factors affecting the compensation value

139

steenhorst-neerings general

Retrospective disability benefit for unimplemented period

140

Case stating grant of a remedy for breach of EU based on national law, subject to twin principles?

Ferwerda

141

Dionysios Diamantis

National courts can refuse reliance on EU if claimant abusing rights

142

What case withdrew from Marshall?

Johnson II

143

Three cases on effect of P's conduct and equivalence

Dionysios Diamanis, Rechberger and Metalgesellschaft

144

What case abandoned the broader principle from Emmett?

NSteenhorst

145

Arnull

Unibet not erga omnes

146

What two principles did Von Colson add to the original twin principles

Adequacy and effectieness

147

What was the national rule in Steenhorst-Neerings?

Dutch law did not allow payment retrospectively of more than a year

148

Equivalence means no distinction between national and EU law, but not most favourable extended

Edis v Ministero

149

What case stated it is not for a Member to refuse to pay interest on a claim?

marshall

150

If similar domestic actions permit specific damages, allow for EU

Manfredi

151

what did San Giorgio allow?

Domestic law still primary role in determining conditions for grant of specific remedy required by EU law

152

Case suggesting SL can run separately from national claims

Stockholm Lindopark

153

What are the twin principles?

Equvalence and practical possibiity

154

Draehmpaehl v Urania judgment

Ceiling on damages is not always impermissible for 'adequate compensation'

155

No new remedies

Rewe v Hauptzollamt

156

What two remedies in Unibet were 100% compliant with EU law?

Damages and JR

157

Res judicata cannot prevent recovery of aid

Lucchini

158

How did the court distinguish Emmett in Steenhorst?

One-year period not a time limit, and not an absolute bar

159

Why did Dillenkoffer not think any difference between Factortame and Fvrancovich?

Sufficiently serious assumed in Factortame

160

Case on intended to confer

Dilenkoffer

161

Cabral and Chaves on SL

Excessive deference to Members in Kobler etc.

162

What case stated that requirements by EU on national remedies are fact-specific?

Eunice

163

Kobler general

Austrian failure to refer to CJEU

164

How many remedies were there available in Unibet at national level?

3

165

What case seemed to suggest effectiveness trumps NPR & UK law

Factortame

166

Case showing state response to breach of EU law by individuals still needs to be proportionate and not block fundamental freedoms

Sagulo

167

What test is similar to sufficiently serious test?

Schoppenstedt

168

Members need to take 'all effective measures to sanction conduct' affecting EU financial interests

Article 4(3) TEU

169

Emmott v Minister for SW judgment

Suspend time limits on bringing a claim pending proper implementation of a Directive

170

Stockholm Lindopark

Case suggesting SL can run separately from national claims

171

Draehmpaehl v Urania general

Ceiling

172

Right to effective judicial review

Heylens v UNECTEF

173

Wegener

Rechtsfrieden

174

Sagulo

state response to breach of EU law by individuals still needs to be proportionate and not block fundamental freedoms

175

Reliance on SL reduces the effectiveness of national remedies

Dougan on SL

176

What part of the Treaty did the court explicitly rely on in Factortame

Article 340 TFEU

177

What case showed Factortame SL applies to courts of last instance that fail to refer?

Kobler

178

Kuhne and Heitz

Re-open final decision if misunderstanding of EU

179

Von Colson judgment

Allowing a claim only for 'reliance loss' is ineffective under ETD

180

Article 340 TFEU

Duty of Members to make good any damage caused

181

What case refused to elaborate on 'sufficiently serious'?

Brasserie

182

What was the requirement in Kobler for SL?

Manifest infringement

183

Pregnant, ETD

Dekker-Stichting

184

What case was conjoined with Factortame?

Brasserie v Germany

185

Article 19 TFEU

duty of Members to offer remedies and EJP

186

Four cases showing a more cautious approach to national remedies

Steenhorst-Neerings, Johnson II, Ex p Eunice Sutton and Draehmpaehl v Urania

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