Indirect Effect and State Liability & Fiscal Measures

In which case below did the Court of Justice accept that, on the facts, it was not possible to interpret the national law in conformity with EU law?

1 Von Colson & Kamann v Land Nordhein-Westfalen

2 Litster v Forth Dry Dock and Engineering Co

3 Marleasing SA

4 Wagner Miret

What is the principle of state liability designed to achieve?

1 To put the individual in the position they would have been in had the directive been implemented

2 To compensate the individual for loss suffered as a result of a failure by the Member state to fulfil its obligations under European law

3 To punish the member state

4 To force the Member State to change the law

Which case established the principle of state liability?

1 Brasserie du Pecheur SA v Germany

2 Factortame

3 Francovich & Bonifaci v Italian Republic

4 Dillenkofer v Germany

Which case established the principle that a
national court can apply the principle of indirect effect to national legislation which was not intended to implement a directive?

1 Von Colson & Kamann v Land Nordhein-Westfalen

2 Litster v Forth Dry Dock and Engineering Co Ltd

3 Marleasing SA v La Comercial Internacional de Alimentacion SA

4 Wagner Miret v Fondo do Garantis Salarial

The case of Von Colson established which principle of European law?

1 That the principle of indirect effect can apply to legislation that was passed before the EU made a rule in the area covered by the existing national rule 
2 That it is for the national court to determine the extent to which it may interpret national law in conformity with the wording and purpose of a directive

3 That directives are capable of having indirect effect in that their provisions can be used by national courts in interpreting the meaning and scope of national legislation, in particular to national legislation passed specifically to implement a directive

4 That in interpreting national law in the light of the provisions of EU law the courts must not distort the meaning of the domestic legislation

The State Liability principle

Francovich & Bonifaci v Italian Republic - the rule for state emanation

Which cases demonstrate charges of equivalent effect?

Which case note the exceptions of charges are outside scope of Art 30?

Exceptions to charges outside of Art 30

1 General system of internal dues systematically applied to imported & domestic products alike

Exceptions to charges which are outside Art 30

2  Fees for services rendered to importer

Exceptions to charges outside of Art 30

3 Charges for mandatory inspections (Community/ International Law)

General taxation defined as a general system of internal dues applied systematically to categories of products irrespective of origin

Similar Products

Direct discrimination can never be justified

Which of the following should not be taken into account when deciding if goods (cars) are similar or non similar under Art 110 as decided in Tarantik?

1 Durability
2 Brand
3 Price
4 Performance

Which case establishes the direct effect of Art 30 ?

1 Alfons Lutticke
2 Commission v Belgium (Customs Warehouses)
3 Van Gend en Loos
4 Commission v Italy (Art Treasures)

In which case was a charge for an inspection held to be lawful?

1 Dansk Denkavit ApS v Danish Ministry of Agriculture
2 Commission v Netherlands (Van Gend en Loos)
3 Commission v Greece
4 Bresciani v Administrazione Italiana della Finanze

Which case establishes that a good reason for a fiscal charge will still not render that charge legal ?

1 Diamantarbeiders v Chougol Diamond Co
2 Commission v Italy (Art Treasures)
3 Van Gend en Loos
4 Commission v Netherlands

Diamantbeiders ApS v Chougol Diamond Co concerns which one of the following restrictions on trade?

1 A measure of equivalence to a quantitative restriction (MEQR)
2 A quantitative restriction (QR)
3 A charge of equivalence to a customs duty (CEE)
4 A customs duty (CD)