Topic 1 and 2

  • Created by: Katie
  • Created on: 10-01-16 10:38

Factortame III

National rules must not be an obsticle to EU Law.

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Francovich v Italian Republic

Facts: D not brought w/in time limit

MS have obligations under Art 3

Subject clear and precise= use against MS leg that's incompatable

Rights on I, indentifyable rights & link between the obligation and damage

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Wagner Miret

Aims of D not met MS must make good 'any loss and damage sustained as a result of the failure to implement the directive

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D can't be used against I

Nat law past and present should be interpreted in accordance w/ EU Law

Not always possible but as far as possible

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Van Gend En Loos

Prelim ruling should be question on interpretation

Art 18 TFEU gives verticle DE and individual rights for all treaties

Clear and unconditional


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Defrenne v Sabena

Equal pay case 

Horisontal DE for Treaties

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Leonesio and Politi

Horisontal and vertical DE for Regulations

R have DE and as a result create individual rights

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Van Duyn v Home Office

Only vertical DE for D

Clear precise and unconditional

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D time limit must pass before DE can be invoked 

Is it effective if individuals can't rely on it in nat court?

Unconditional and precise

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Marshall v Southampton Health Authority

Vertical DE for D

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Roquette Freres

If procedural requirement not met the law is void

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Art 267

Prelim rulings- interpretation of treaty and interpretation and validity of acts of agencies of EU

No judicial remedy under nat law= prelim ref

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Art 340

EU should 'make good any loss and damage caused by its institutions or by its servants in the performance of their duties'

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Referal for Preliminary Referance

CILFIT: No obligation to refer if previous CJEU ruling or if it is irrelevant 

Dzodzi v Belgium: National court determines the relevance

Da Costa: Previous ruling does not stop a referance

Rheinmuhlen: National precedent of interpretation doesn't stop reference

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Refusal of Preliminary Referance

Foglia: No genuine dispute

Meilicke: Hypothetical question

Telemarsicabruzzo: Insufficiant information

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Natural or legal person

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Individually concerned if it 'affects his legal position, in a manner which is both definate and immediate, by restricting his rights or by imposing obligations on him' 

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Foto Frost

National court has no jurisdiction to declare measures by community institutions invalid

Only CJEU can declare EU law invalid

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Measures should be appropriate and necesary for objectives

If there is a choice, the least onerous should be chosen

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Commission v Council Recovery of Indirect Taxes

When looking at legal basis there is a 'predominant aim and content' rule

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Art 258

Commission thinks MS has failed obligation: gives reasoned opinion to MS

If MS doesn't comply in time C brings MS to CJEU

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Art 259

MS 1 thinks MS 2 has not fulfilled obligations

C gives reasoned opinion

If opinion not w/in 3 months case can be brought to CJEU

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Breech of EU Law

Schoppenstedt: Sufficiantly serious breech

Dumortier: Causation

Bergaderm: Rule confers rights on individuals

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R v HM Treasury British Communications

SL can arise if D not implemented properly

Also for Administrative Acts Headley Lomas

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Simmenthal and Costa v ENEL

Conflicting nat law must be set aside whether before or after EU Law

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Kobler v Austria

State Liability if incorrect interpretation of community law

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Foster v British Gas

Public body provides a service under state control and w/ special powers beyond those normally applicable between individuals

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Internationale Handelsgeseuschaft

EU Law takes precedence over national law including national constitutional law

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Germany v European Parliament Tobacco Advertising

D doesn't mean stricter rules can't be brought in be MS

EU has competance to harmonise laws

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UK v Council

Misuse of powers ie legal basis to evade procedure= claim

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