Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/24

Click to flip

24 Cards in this Set

  • Front
  • Back

Article 288

A directive is binding as to the result to be achieved but shall leave it to member states to chose the form and method for implementation

What case indicates that directives are capable of direct effect

Van duyn

What does a directive need to satisfy to be directly affective?

Van gend criteria (van duyn)


Date of implementation expired (ratti)


Must be a state or public body (Marshall)

Which case defined state?

Foster v British Gas

What was the Marshall case about?

Provisions of the equal treatment directive being capable of direct effect against a public body

What case clarified foster v British Gas?

Griffin v south west water

What is the principle of in-direct effect?

The von colson principle

What was the von colson principle about?

sex discrimination. Couldn't rely on directive because it didn't fulfil van gend criteria

So what is the principle of indirect effect?

That eu law is not applied to directly to the case but indirectly by means of interpretation of domestic law in accordance with EU law

What is implementing legislation

Legislation passed after the deadline to implement the directive has expired

What is implementing legislation

Legislation passed after the deadline to implement the directive has expired (lister v dry dock) uk courts did use the purposive approach!

What is non implementing legislation?

Legislation passed before the deadline to implement the directive has expired (duke v GEC reliance) purposive approach couldn't be used.

What did the ECJ court hold in Marleasing?

That the national court must interpret national law in light of any relevant directive as far as it is possible to do so! (Doesn't matter is adopted before or after)

What case confirmed marleasing in the English court

Webb v EMO air cargo

In what case was a limit to indirect effect shown in?

Wagner! (National legislation clearly conflicts with relevant directive)

An example of limitation to indirect effect where indirect effect would impose criminal liability..

Luciano

Case for state liability (non implementation!!)

Francovich

Explain francovich

It was ruled the Member state should pay comp to an individual for damage suffered as a result on the states failure to implement a directive - subject to conditions!

Where does the states obligation to implement come from?

Article 4 TEU

What are the conditions in francovich?

- direct grants rights to individuals


- able to identify context of these rights


- casual link between failure and loss

Explain factortame

Factortame extended francovich principle beyond failure to implement to breaches of EU law. It also altered the conditions to sufficiently serious

Explain factortame

Factortame extended francovich principle beyond failure to implement to breaches of EU law. It also altered the conditions to sufficiently serious

What case was not sufficiently serious?

British telecommunications - incorrect implementation!

Explain the dillenkofer case

Failure to implement in itself is sufficiently serious