Flashcards in Indirect effect Deck (16):
What is indirect effect?
An obligation to interpret national law in the light and wording of the purpose of the diretive in order to achieve the envisaged result.
What is the authority for indirect effect?
Does indirect effect hve horizontal and vertical effect?
Yes vertical (van Colson) horizontal (Harz)
Despite UK preconceptions, what case established that indirect effect has effect on both provisions before and after adoption of the directive?
What case shows that MS law must only be interpreted with reference to the directive after the deadline for the directive has passed?
Adeneler v ELOG
What is the main problem with direct effect?
Not applicable against the individual i.e. not horizontally effective.
What is an example of direct effect not having effect against the individual?
Doughty v Rolls Royce
What case shows that Directives do not have direct effect?
What are the facts of Von Colson?
2 female prison workers rejected on the grounds that they were women. In breach of Equal Treatment Directive 76/207. Directive translated into German law, but inadequately, inappropriate compensation. This was remedied by indirect effect, where the state law has to be read in light of the EU version. Interpretative approach.
Can indirect effect be applied horizontally?
Yes - Marleasing. Harz
What is the rationale behind indirect effect?
Expansive hole filler
What case provides that EEC directives can affect both already implemented law, and law which is yet to be implemented?
How much discretion is given in interpreting the law? What case demonstrates this?
Must be interpreted 'as far as possible' - High water mark case Marleasing.
What case moderated the scope of interpretation?
Wagner Miret v Fondo de Garantira Salaria -The spannish law was so clear that any interpretation would be a distortion of the law.
What British case demonstrates the limited interpretive nature of indirect effect?
Webb - Interpretation must not distort the law, can be read differently.