EU Public Law

Tatiana Nikolaid
Flashcards by Tatiana Nikolaid, updated more than 1 year ago
Tatiana Nikolaid
Created by Tatiana Nikolaid over 6 years ago


LAW Public European Law Flashcards on EU Public Law, created by Tatiana Nikolaid on 10/08/2014.

Resource summary

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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