9805662
| Questão | Responda |
| Re Tachographs: The Commission v United Kingdom 1979 | The European Court of Justice's role is to ensure that the law is applied uniformly to all Member States and it does this by performing two key functions. The first is that it hears cases to decide whether Member States have failed to fulfil obligations under the Treaties. In this case the Court held that the UK had to implement a Council Regulation on the use of mechanical recording equipment in road vehicles used for the carriage of goods. |
| Van Duyn v Home Office 1974 | The first case to be referred to the Court of Justice of the European Union by an English Court. |
| Von Colson v Land Nordrhein-Westfalen 1984 | The Court of Justice of the European Union said 'national courts are required to interpret their national law in the light of the wording and the purpose of the directive'. |
| Van Duyn v Home Office 1974 | The Court of Justice of the European Union held that an individual was entitled to rely on Article 48 in the Treaty of Rome giving the right of freedom of movement. |
| Macarthys Ltd v Smith 1980 | While the UK is a member of the EU, citizens of the UK are entitled to rely on the rights in the Treaty of Rome and later treaties as they are directly applicable. Wendy Smith's employers paid her less than her male predecessor for exactly the same job. As the two people were not employed at the same time by he employer there was no breach of English domestic law. However Smith was able to claim that the company which employed her was in breach of Article 157 (TFEU) over equal pay for men's and women and this claim was confirmed by the ECJ |
| Diocese of Hallam Trustee v Connaughton 1996 | UK Courts can apply European Treaty law directly rather than wait for the ECJ to make a ruling on the point. The Employment Appeal Tribunal had to consider facts which had some similarity to the Smith case. Josephine Connaughton was employed as a director of music by the Diocese of Hallam from 1990 to September 1994, at which tie her salary was £11,138. When she left the position, the post was advertised at a salary of £13,434, but the successful candidate, a man, was actually appointed at a salary of £20,000. The Employment Appeal Tribunal allowed Miss Connaughton to make a claim without the need to go to the ECJ. |
| Re Tachographs: Commission v UK 1979 | Direct applicability in regulations was tested in this case. A Regulation requiring mechanical recording equipment to be installed in lorries was issued. The UK government of the day decided not to implement the Regulation, but to leave it to lorry owners to decide whether or not to put in such equipment. When the matter was referred to the ECJ it was held that Member States had no discretion in the case of Regulations. The wording or Article 288 was explicit and meant that Regulations were automatically law in all Member States. |
| Costa v ENEL 1964 | The ECJ held that even if there was a later national law that it did not take precedence over the EU Law. |
| R v Secretary of State for Transport, ex parte Factortame 1990 | The ECJ decided that Britain could not enforce the Merchant Shipping Act 1988. It was held to have contravened the Treaty of Rome and could not be enforced against EU nationals. |
| Marshall v Southampton and South West Hampshire Area Health Authority 1986 | Vertical direct effect is where the individual can claim against the state even when a Directive has not been implemented. Miss Marshall was required to retire at the age of 62 when men doing the same work di not have to retire until the age of 65. Under the Sex Discriminatory Act 1975 in English Law this was not discriminatory. However, she was able to succeed in an action for unfair dismissal by relying on the Equal Treatment Directive. This Directive had not been fully implemented in the UK but the ECJ held that it was sufficiently clear and imposed obligations on the Member State. |
| Foster v British Gas PLC 1990 | A body, whatever its legal form, which has been made responsible, pursuant to a measure adopted by the State, for providing a public service under the control of the State and has for that purpose special powers beyond those which result from the normal rules applicable in relations between individuals. |
| Duke v GEC Reliance Ltd 1988 | Directives which have not been implemented do not give an individual any rights against other individuals. Mrs Duke was unable to rely on the Equal Treatment Directive as her employer was a private company. This is because directives so not have horizontal direct effect. |
| Paola Faccini Dori v Recreb Srl 1995 (An Italian case) | Confirmed that directives do not have horizontal direct effect. The Italian government failed to implement Directive 85/447 in respect of consumer rights to cancel certain contracts. Dori could not rely on the Directive in order to claim a right of cancellation against a private trader. |
| Francovich v Italian Republic 1991 | The ECJ has developed law under which it is possible to take an action to claim damages against the Member State that failed to implement the European Directive. The Italian government failed to implement a Directive aims at protecting wages of employees whose employer became insolvent. The firm for which Francovich worked went into liquidation owing him wages which he was unable to get from the firm. So, he sued the State for his financial loss. The ECJ held that he was entitled to compensation. |
Quer criar seus próprios Flashcards gratuitos com GoConqr? Saiba mais.