1429723
Description
Flashcards by Tatiana Nikolaid, updated more than 1 year ago
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Created by Tatiana Nikolaid
over 9 years ago
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| Question | Answer |
| Van Gend en Loos | Direct Effect |
| Foster v. British Gas | Definition on the emanation of State |
| Von Colson | Direct Effect of Directives Explains ''Unconditional'' and Indirect Effect |
| Flaminio Costa v. ENEL | Supremacy of EU law |
| Defrenne v Sabena | Art.157 TFEU ''Equal Pay'' Horizontal Direct Effect |
| Antonio Munoz CIA | Horizontal Direct Effect of Regulations |
| Marleasing | Contacts void if illegal cause - (Indirect Effect) Interpretation in light and purpose of the Directive (Re-affirmed Von Colson) Directive even if not yet incorporated into national law. (Total non-implementation) - Lack of discretion when interpreting. |
| Wagnet Mirret Case | Step back from Marleasing - Discretion left when applying indirect effect - If law is clear (national) is not required to make contra legem interpretations. |
| Difference between Marleasing and Wagnet | If national law broad and Directive very specific then you can use indirect effect. If national clear no. |
| Rolls Royce | Court applies rules on emanation of state more generally than in Foster v. British Gas. although Rolls Royce was owned by the state at the time, it had no special powers and did not derive any powers under statute. So could not invoke Directive against ''private entity'' |
| Minister of the Interior | Court affirms vertical direct effect NO horizontal direct effect |
| Marshall v. Southampton | Directive may not impose itself obligations on an individual - Addressed to MSs, thus no horizontal direct effect |
| Faccini Dori | Estoppel Doctrine VDE-But no HORIZONTAL because then it would be impossible to distinguish Directives from Regulations. However, when applying national law before or after adoption the court shall interpret it in light of the wording and purpose of the Directive. |
| Van Duyn | The Court recognizes Vertical Direct Effect of Directives. In each case the Court shall examine the nature, general scheme and wording of the legislation in question in order to identify DE. Conditions now: clear and precise and unconditional. |
| Ratti | Time Limits - An individual may rely on a Directive after the implementation period has expired. National Courts may not apply after that day national legislation incompatible with the directive. |
| Grad | Persons affected by the decision of the Court may invoke the decision. |
| Carp | Decisions are binding to the one's addressed thus only the one's affected by the decision may invoke the decision |
| Reyners v. Belgium | After expiration of the implementation period provisions may be directly applicable. Not before this. |
| Wallonie Case | National Authorities shall not adopt legislation that conflicts the Directive even though the implementation period of the Directive has not expired yet. |
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