Directives

Vertical direct effect

Van duyn v Home Office [1974] 3 All ER 178 - Public body is "an emanation of the state"
Marshall v Southampton Area Health Authority [1988] AC 618 - "it is necessary to prevent the state from taking advantage of its own failure to comply with community law"
Duke v GEC Reliance Ltd [1988] AC 618 - Duke could not enforce the directive against a private employer
Paolo Faccini Dori v Recreb Srl [1994] ECR I 3325 - Confirmed that the distinction between vertical and horizontal direct effect was that vertical can't be used on a private employer
Foster v British Gas [1990] ECR I 3313 - "an emanation of the state" is a body which has been made responsible by a state measure e.g. an Act of Parliament

Indirect effect

Van Colson v Land Nordrheim-Westfalen [1984] ECR 1891 - When legislation is specifically introduced the courts are required to interpret the law in order to give effect to the directives purpose
Marleasing SA v La Commercial Internacional de Alimentacion SA [1990] ECR I 4135 - Extended to all legislation

Damages for failure to implement

Francovich v Italian State [1991] ECR I 5357 - State is liable to pay damages if the directive grants rights to individuals and a causal link can be proven
Brasserie du Pecheur SA v Federal Republic of Germany [1996] 2 WLR 506 - Extended Francovich to all kinds of EU law that injures individuals
R (Factortame) v Secretary of State for Transport (No5) [2000] 1 AC 524 - States are obliged to compensate for the loss if they are responsible for the breach, the rule of law is intended to confer rights on individuals, the breach is sufficiently serious and there is a causal link

	Erstellt von dordorftw vor etwa 10 Jahre

Notiz am EU Law (Constitutional Law topic), erstellt von dordorftw am 23/04/2014.