EU Public Law

Pregunta	Respuesta
Van Gend en Loos	Direct Effect
Foster v. British Gas	Definition on the emanation of State
Von Colson	Direct Effect of Directives Explains ''Unconditional'' and Indirect Effect
Flaminio Costa v. ENEL	Supremacy of EU law
Defrenne v Sabena	Art.157 TFEU ''Equal Pay'' Horizontal Direct Effect
Antonio Munoz CIA	Horizontal Direct Effect of Regulations
Marleasing	Contacts void if illegal cause - (Indirect Effect) Interpretation in light and purpose of the Directive (Re-affirmed Von Colson) Directive even if not yet incorporated into national law. (Total non-implementation) - Lack of discretion when interpreting.
Wagnet Mirret Case	Step back from Marleasing - Discretion left when applying indirect effect - If law is clear (national) is not required to make contra legem interpretations.
Difference between Marleasing and Wagnet	If national law broad and Directive very specific then you can use indirect effect. If national clear no.
Rolls Royce	Court applies rules on emanation of state more generally than in Foster v. British Gas. although Rolls Royce was owned by the state at the time, it had no special powers and did not derive any powers under statute. So could not invoke Directive against ''private entity''
Minister of the Interior	Court affirms vertical direct effect NO horizontal direct effect
Marshall v. Southampton	Directive may not impose itself obligations on an individual - Addressed to MSs, thus no horizontal direct effect
Faccini Dori	Estoppel Doctrine VDE-But no HORIZONTAL because then it would be impossible to distinguish Directives from Regulations. However, when applying national law before or after adoption the court shall interpret it in light of the wording and purpose of the Directive.
Van Duyn	The Court recognizes Vertical Direct Effect of Directives. In each case the Court shall examine the nature, general scheme and wording of the legislation in question in order to identify DE. Conditions now: clear and precise and unconditional.
Ratti	Time Limits - An individual may rely on a Directive after the implementation period has expired. National Courts may not apply after that day national legislation incompatible with the directive.
Grad	Persons affected by the decision of the Court may invoke the decision.
Carp	Decisions are binding to the one's addressed thus only the one's affected by the decision may invoke the decision
Reyners v. Belgium	After expiration of the implementation period provisions may be directly applicable. Not before this.
Wallonie Case	National Authorities shall not adopt legislation that conflicts the Directive even though the implementation period of the Directive has not expired yet.

Siguiente

Descripción

Resumen del Recurso

Similar

	Creado por Tatiana Nikolaid hace alrededor de 10 años