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Flashcards in Judicial Application Deck (11):
1

Marshall

Key Words: No Horizontal Effect for Directives; Textual Rationale

Facts: Dismissed because past retirement age - could she rely on equality of treatment under Directive 76/207?

Ratio: D could be relied upon in front of national court - sufficiently clear; binding nature; interpretative duty

2

Foster v British Gas

Key Words: Emanation of the State

Facts: Compulsory retirement under Gas Act 1986

Ratio: Can rely on directive against BG - regardless of capacity in which State was acting - responsible for providing a public service under state control + special powers

3

Faccini Dori

Key Words: No Horizontal Direct Effect

Facts:Concluded English language course contract prohibited under a D

Ratio: Contract cannot be avoided - No horizontal direct effect but could recover from Italy

4

Marleasing

Key Words: Application of Marshall and Von Colson

Facts: Domestic code clash with D not yet implemented

Ratio: M- D may not of itself impose obligations on an individual BUT Interpretative Duty (VC)

5

CIA Security International

Key Words: Incidental Direct Effect

Facts: Belgian requirements for alarm units -- breach D requiring such laws to be approved by Commission

Ratio: Incidental Effect Doctrine - technical directives required to ensure free movement of goods

6

Francovich

Key Words: State Liability, Damages

Facts: D guarantee employee minimum of protection in case of insolvency - private individual affected by MS failure to implement

Ratio: Could recover damages from MS

7

Brasserie de Pecheur

Key Words: State Liability, Damages, Apply Francovich

Facts: Obliged to cease export from Germany due to allegations that bear did not fulfil purity requirement

Ratio: Community imposes state liability - law infringed myst be intended to confer rights on individuals + sufficiently serious + direct causal link between breach and effect

8

Kobler

Key Words: Remedies, Judicial Liability

Facts: University professor, years in other MSs not taken into account- Austrian SC withdrew request for preliminary ruling

Ratio: MS liable for damages caused to an individual by an infringement of community law attributable to a SC if the infringement is manifest

9

Legislation

TFEU A258-260: Infringement Procedure

TFEU A4(3): Sincere Cooperation

TFEU A288: Regulation - general application v Directive - binding as to the result

10

Articles

Craig - policy denying horizontal effect to directives is flawed

Lock - MS liability is not as important as people think; Infringement Procedure has better success rates

11

Von Colson

Key Words: Indirect Effect/ Harmonious Interpretation Obligation

Ratio: EU law requires sincere cooperation and effective compensation