50256
Description
Mind Map by grantcat69, updated more than 1 year ago
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Created by grantcat69
over 11 years ago
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Indirect effect
- national states have a duty to implement EU law
- sympathetic interpetration
- a duty to interpret
- a duty to interpret
- Article 10
- "take all appropriate measures ... to ensure fulfillment of the obligations arising out of this Treaty"
- "take all appropriate measures ... to ensure fulfillment of the obligations arising out of this Treaty"
- Von Coulson principle
- applies to EU law generally and not just to Directives
- applies to EU law generally and not just to Directives
- van coulson & kaumann
- created indirect effect
- created indirect effect
- Harz v Deutsche Tradax
- both cases involve improper implementation of Directives
- both cases involve improper implementation of Directives
- state liability
- Francovitch
- the state is liable
- the state is liable
- Francovitch
- "courts are required to interpret the national law to the light of the wording and purpose of the Directive
- Marleasing SA
- MS did not implement directive
- MS did not implement directive
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