Cases

Question 1

Van Duyn

Answer 1

Directives have direct effect

Question 2

Marshall

Answer 2

Direct only have direct effect, no horizontal effect

Question 3

Costa/ENEL

Answer 3

Primacy of EU law

Question 4

Simmenthal

Answer 4

National law must be changed/set aside when incompatible with EU law

Question 5

Kobler

Answer 5

MS liability for judicial breaches

Question 6

Brasserie du pêcheur

Answer 6

Conflicting national law can give rise to MS liability

Question 7

Foster

Answer 7

MS liability extends to - Established by Foster but changed to alternative by Farrell

1. Public service or
2. With special powers or
3. Controlled by the state or

Question 8

Marleasing and van Colson

Answer 8

National law must be interpreted in accordance with EU law

Question 9

Tobacco case (Germany v. EP and Coucil and European Council)

Answer 9

To find the correct legal basis, apply the centre of gravity test

Question 10

Francovich

Answer 10

MS liability criterion:

1. Provision is intended to confer rights on 3rd parties
2. Breach is sufficiently serious:
   - Discretion? No = Simple breach is enough
   - Discretion? Yes = The MS must have acted with gross negligence
3. Causal link between the breach and the damage

Question 11

Van Gend & Loos (+ Defrenne)

Answer 11

For direct effect, the provision must be:

1. Clear
2. Precise
3. Unconditional
4. Have no implementing measures = Deleted by Defrenne

Question 12

Broeckmeulen

Answer 12

What is a court/tribunal? A court whose judgement is

1. Compulsory
2. Independent
3. Applies the rule of law
4. Concrete
5. Inter partes
6. Of judicial nature
7. Permanent
8. Established by law

Question 13

Foto-Frost

Answer 13

The national courts can refer questions to the ECJ in preliminary rulings

Question 14

CILFIT

Answer 14

Act clair - National courts do not have to refer

Question 15

Commission v. Portugal

Answer 15

A MS cannot invoke internal difficulties as a defence in infringement proceedings

Question 16

Plaumann

Answer 16

Individual concern = If an affect affect an individual (or a group of) by reason of certain attributes which are peculiar to them or due to circumstances which differentiate them from all others

Question 17

Bergardem

Answer 17

Establishes EU liability

Question 18

Council v. Commission

Answer 18

Commission can withdraw proposal (until 1st reading) if raison d’être

Question 19

Biocides

Answer 19

Legislator can choose between delegated and implementing act

Question 20

Visa

Answer 20

Only delegated act can amend

Question 21

Titanitum dioxides

Answer 21

Single legal basis if procedures are incompatible

Question 22

Smart sanctions

Answer 22

Lex Specialis

Question 23

Adelener

Answer 23

Indirect effect of directives

Question 24

Faglia

Answer 24

You need a concrete case for preliminary rulings

Question 25

Differdange

Answer 25

If MS has discretion, direct concern more difficult to establish

Question 26

International Fruit Company

Answer 26

If MS has no discretion, direct concern is easier to establish

Question 27

Greenpeace

Answer 27

Standing for interest groups

Question 28

Jego-quere

Answer 28

Plaumann must be applied strictly

Question 29

Inuit

Answer 29

Defines regulatory act (act of general application which is not a legislative act)

Question 30

TWD

Answer 30

No plea of illegality if standing was possible under mother act but 2 months deadline had passed

Question 31

Kendrian

Answer 31

Damages for 3rd parties must be claimed in front of the General Court

Question 32

Akeberg Fransson

Answer 32

'within the scope of EU law' = Must respect FdRs

Question 33

Digital rights

Answer 33

Test for FdRs limitations

Question 34

Melloni

Answer 34

EU law prevails over national law even if FdRs protection is lower

Question 35

Solange

Answer 35

FdRs are part of the common principles of all MS