Indirect effect

Indirect effect

1. national states have a duty to implement EU law

2. sympathetic interpetration

   • a duty to interpret

3. Article 10

   • "take all appropriate measures ... to ensure fulfillment of the obligations arising out of this Treaty"

4. Von Coulson principle

   • applies to EU law generally and not just to Directives

5. van coulson & kaumann

   • created indirect effect

6. Harz v Deutsche Tradax

   • both cases involve improper implementation of Directives

7. state liability

   • Francovitch
     • the state is liable

8. "courts are required to interpret the national law to the light of the wording and purpose of the Directive

9. Marleasing SA

   • MS did not implement directive