Direct effect - Cases

Question 1

Describe the facts of Van Gend en Loos

Answer 1

• First case on direct effect
• Importation of formaldehyde, customs duty imposed on imports into Holland
• Breaches Art 30 TFEU
• VGL challenged custom duty on basis of this article precluding customs duty
• Referred to ECJ, who agreed, that customs duty did breach article 30
• Therefore articles have direct effect
• Therefore the national law had to be changed

Question 2

Describe the effects of Defrenne v SABENA

Answer 2

• Air stewardess
• Paid less than equivalent man
• Used article 157 TFEU – equal pay for equal work
• Can be used horizontally as article

Question 3

What case demonstrates the supremacy of EC law? What case confirmed this

Answer 3

Costa v ENEL

Simmenthal

Question 4

What rule was stated in Coopertiva?

Answer 4

Sufficiently clear and precise

Unconditional

Question 5

Describe the effects of Francovich

Answer 5

Sought outstanding wages when company went bankrupt
Tried to use Directive 80/987
No direct effect as not CPU

Question 6

Describe the facts of Van Colson

Answer 6

2 German females prison workers not employed on basis of gender, given inappropriate compensation
Tried to use article 6 equal treatment directive
Not sufficiently CPU

Question 7

What case shows that direct effect can also enforce a positive obligation?

Answer 7

Lutticke;

• Article 110 prohibits discriminatory taxation
• This article had direct effect as CPU
• Confirmed positive obligations can be directly effective

Question 8

What case shows that regulations are directly effective as well as directly applicable?

Answer 8

Franz Grad

Question 9

Describe the facts of marshall

Answer 9

• Worked for public health authority
• Women made to retire earlier than men
• Breached equal treatment directive 76/207
• Directive had direct effect as against an emanation of the state
• Directives have vertical effect only

Question 10

What case demonstrates the lack of horizontal direct effect?

Answer 10

Dori

Question 11

Describe the facts of Ratti

Answer 11

• Ratti made changes to packaging of solvents to comply with directive 73/173
• However these changes violated Italian law
• Italy had not yet implemented directive, so Ratti was in breach of Italian law
• This shows the rule that for a directive to have direct effect the implementation date must have passed

Question 12

What does the case of Marks & Spencers demosntrate

Answer 12

Directive can still have direct effect where the directive is not correctly implemented into national law

Question 13

What case lays down the 2 tests for state emanation?

Answer 13

Foster v British Gas PLC
- 6 women forced to retire at 60 rather than the male 65
- Used equal treatment directive 76/207
- The UK courts developed 2 tests;
Bipartite test;
• Subject to authority or control of state OR
• Special powers
Tripartite test;
• Provides public service AND
• Under control of state AND
• Special powers
- CJ approved the tripartite test, however both can be used where appropriate
- Foster v British Gas plc (no.2) – British gas is an emanation of the state

Question 14

What cases approve the tripartite test?

Answer 14

Griffin v SW water
Reiser
Dominguez
Una Film City Revenue

Question 15

Which case developed a different bipartite test for state emanation?

Answer 15

St Mary’s CoE Junior School;

• Applied different bipartite test for state emanation;
  
  • Performing public service
  • Under state control

Question 16

What cases approved the bipartite test?

Answer 16

Sozialhilfeverband
Vassallo
Kamplemann

Question 17

What case suggested that direct effect could be horizontally effective in inverse cases?

Answer 17

R(wells) v SST