Direct Effect

Question 1

Process to answer direct effect

Answer 1

Define
EU Law and direct effect
Van Gend
Directives only vertical (emanation of state)
Can statute rely on direct effect?

Question 2

Directly effective legislation

Answer 2

Gives rise to rights or obligations which an individual can enforce before national court

Question 3

Treaty Articles (direct effect)

Answer 3

Vertical (Van Gend)
AND
Horizontal (Defrenne v SABENA)

Question 4

Regulations (direct effect)

Answer 4

Vertical (Leonesio)
AND
Horizontal (Antonio Munoz)

Question 5

Directives (direct effect)

Answer 5

Vertical ONLY (Van Deyn)

Question 6

Van Gend

Answer 6

For EU law to be directly effective it must be ‘sufficiently clear, precise and unconditional’

Question 7

Ratti

Answer 7

For Directive to be used vertically, implementation date of Directive must have passed

Question 8

Foster v British Gas

Answer 8

• carries out public service persuant to statutory duty (SD)
• is under state control (SC)
• has special powers (SP)

Question 9

NUT v St Mary’s School

Answer 9

Not all of Foster v British Gas requirements need to be met