Sources of EU Law : Case Law / Legislation

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Van Duyn v Home Office 1974
Scientologist claimed that her exclusion from the UK violated Article 45 of TFEU. ECJ held this was enforceable so her entrance to the UK was permitted.
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Macarthys Ltd v Smith 1980
Smith was paid less than her male predecessor for the exact same job. ECJ held that she could claim that her employer is in breach of Article 157 TFEU: equal pay for men and women.
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Consumer Protection Act 1987
Incorporates the EU directive on liability for defective products into English Law
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Contracts Regulations 1994
Implements and EU directive aimed at giving consumers protection from unfair terms in contracts.
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Marshall v Southamptom and South West Hampshire Area Health Authority 1986
Suing for unfair dismissal, the claimant substantiated her claim with the Equal Treatment Directive. It had not yet been implemented but the ECJ held that she could succeed in her claim as her employers were an arm of the state.
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Foster v British Gas plc 1990 ECJ
Gave a formal definition of what is meant by an arm of the state
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Gibson v East Riding of Yorkshire Council 1999
The claimant was entitled to four weeks paid holiday under the workings time directive. Her employers were an emanation of the state and could therefore not rely on the lack of legislation to avoid liability.
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Duke v GEC Reliance Ltd 1988
Claimant was unable to rely on the Equal Treatment Directive because her employer was a private company
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Fracovich v Italian Republic 1991
Italian government failed to implement a directive that protected the wages of employees whose employer become insolvent. Frakovich's employers owed him wages thus he sued the State for financial loss and he was entitled to compensation.
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Von Coulson 1984
Even when a directive has not been implemented, English courts have a duty to interpret english law informed by relevant EU directives.
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Van Gend en Loos 1963
Established that EU law takes precedence over domestic law
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Costa v ENEL 1964
Even if a domestic law is introduced after the EU law it does not take precedence over the EU law.
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Card 2

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Smith was paid less than her male predecessor for the exact same job. ECJ held that she could claim that her employer is in breach of Article 157 TFEU: equal pay for men and women.

Back

Macarthys Ltd v Smith 1980

Card 3

Front

Incorporates the EU directive on liability for defective products into English Law

Back

Preview of the back of card 3

Card 4

Front

Implements and EU directive aimed at giving consumers protection from unfair terms in contracts.

Back

Preview of the back of card 4

Card 5

Front

Suing for unfair dismissal, the claimant substantiated her claim with the Equal Treatment Directive. It had not yet been implemented but the ECJ held that she could succeed in her claim as her employers were an arm of the state.

Back

Preview of the back of card 5
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