Who is the claimant?
- Natural person
- Legal person: Sinochem Heilongjiang v Council - Has acquired legal personality following the law governing its constitution or is treated as an independent legal entity by EU institutions
What are the ways in which a claimant may seek private enforcement against an EMPLOYER?
- Direct effect principle
- Indirect effect principle
- Mangold principle
For DIRECT EFFECT, what are the conditions and cases that should be mentioned?
• Right must be worded in sufficiently clear, precise and unconditional manner
- – Established in Van Gend en Loos
- – Van Duyn: Directive’s provisions, specifically
• Time for implementation of the Directive must have passed
— Ratti
• Must bring against State or an emanation of state
- – Marshall
- – Foster: Emanation of state provides public service, is under control of the State and has special powers beyond normal rules
- – Farrell: BUT don’t need to be both under state control AND have special powers
- – Fratelli Constanzo: City Councils are always considered emanations of State
For INDIRECT EFFECT, what are the conditions and cases that should be mentioned?
• Right can be interpreted in line with EU law
- – Established in Von Colson
- – Marleasing: Can use legislation pre-dating the Directive; interpret domestic law ‘as far as possible’, so can omit words
• Cannot distort the meaning of domestic law
— Wagner Miret
• Cannot impose criminal liability
— Luciano Arcaro
• If time for implementation has not passed, cannot use indirect effect
— Adelener
For MANGOLD, what are the conditions and cases that should be mentioned?
• Whether nat’l law discriminates against an EU general principle
- – Mangold: Discriminated against age (Art 21)
- – Charter of Fundamental Rights: Compare against this
• Limitations: Does Charter right require additional legislation to protect it?
— AMS: Art 27 must be contained in EU and national laws
What are the ways in which a claimant may seek private enforcement against a STATE?
• State liability
How are remedies to be granted in general?
• If breach of MS’s EU obligations found, up to MS to determine ‘interim relief’ to compensate claimant
— Factortame I
• MS must have laws and procedures in place to protect citizens’ right to protection under EU law (national system provide procedure)
— Unibet
For remedies, explain principle of equivalence.
• Rules governing actions for safeguarding an individual’s rights under [EU] law = Rules governing similar domestic actions
— Von Colson: Can’t just limit compensation to a nominal penalty amount
For remedies, explain principle of effectiveness.
• Must allow the exercise of rights under EU law with reasonable ease
— Factortame I
For remedies, explain principle of procedural autonomy.
• Up to MS to determine how EU rights of citizens can be protected in law
— Rewe
