EU - Direct Effect

  1. Which case established that Treaty articles which imposed a positive obligation on Member States could be directly effective?

    1 Van Gend en Loos

    2 Lutticke (Alfons) GmbH v Hauptzollamt Saarlouis

    3 Defrenne v SABENA

    4 Franz Grad v Finanzmant Traunstein
    Answer 2 - Lutticke
  2. Which case established that Treaty articles can be enforced against individuals rather than the state?

    1 Van Gend en Loos

    2 Lutticke (Alfons) GmbH

    3 Defrenne v SABENA (No 2)

    4 Van Duyn v Home Office
    Answer 3 - Defrenne
  3. Which case first established that directives were capable of having direct effect?

    1 Defrenne v SABENA (No 2)

    2 Van Duyn v Home Office

    3 Marshall v Southampton and South West AHA

    4 Dori (Faccini) v Recreb
    Answer 2 - Van Duyn
  4. Which of the following is NOT a criteria to be satisfied before a body is deemed to be an ‘emanation of the state’?

    1 The body must be publically funded

    2 The body must be under state control

    3 The body must have special powers

    4 The body must be providing a public service
    Answer 1 - to be considered an emanation of state the following criteria must be satisfied:

    • - must be under state control
    • - must have special powers
    • - must provide a public service
  5. Which case established the criteria for establishing when a body is an emanation of the state?

    1 Griffin v South West Water Services

    2 Kampelmann

    3 Foster v British Gas

    4 National Union of Teachers v Governing Body of St Mary’s Church of England School
    Answer 3 - Foster v British Gas
  6. The CJEU (ECJ) states that Community law is supreme over all national law.

    From which case?
    Costa v ENEL
  7. What is direct effect?
    A measure of EC Law confers rights on individuals which are enforceable in national courts
  8. van Gend en Loos test for direct effect
    • ‘Sufficiently clear and precise’
    • - Gives rise to an identifiable right

    • and ‘Unconditional’
    • - not dependent on other measures being taken
    • - no state discretion in giving the right effect
  9. How is direct effect different from direct applicability?
    This does not necessarily provide rights which can be used in national courts
  10. Emanation of State: Foster v British Gas

    - Bipartite Test
    A body made responsible by the State:

    • - ‘under the authority or control of the state’ OR
    • - has  ‘special powers’
  11. Emanation of State Foster v British Gas

    Tripartite Test (from the ECJ, applied by HL)
    A body made responsible by the State:

    • - ‘for providing a public service’;
    • - ‘under the control of the state’; AND
    • - has for that purpose ‘special powers’
  12. Which legislation is Directly applicable?
    Articles and Regulation
  13. Which legislation is NOT directly applicable?
  14. When are Articles/ Regulations vertically directly effective?
    IF they satisfy Van Gend criteria
  15. When are Articles/ Regulations horizontally directly effective?
    IF they satisfy Van Gend criteria
  16. Is a Directive horizontally directly effective?
  17. When are Directives vertically directly effective?
    • - Clear, precise and unconditional (VGL)
    • See Van Duyn also
    • - Date for implementation has passed (Ratti)
    • - Against state or state emanation (Foster)
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EU - Direct Effect
direct effect