State Liability & Effectiveness

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  • Created by: Hope
  • Created on: 05-05-16 17:26
Which case established state liability?
Francovich & Bonifaci v Italy
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What happened in Francovich?
Italy failed to implement a directive. CJEU held that the relevant parts of the directive did not produce direct effect.
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What was the gap left in the remedy?
The full effectiveness of community rules would be impaired because you can't use direct effect
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Which case refines the principle, and sets out the 3 current criteria?
Brasserie du Pecheur
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What are the criteria for state liabilty?
Eu Provision must be intended to confer rights on individuals, breach must be sufficiently serious, must be a direct causal link between the breach and the damage sustained
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Which case is an example of the provision failing the rights of individuals test?
Peter Paul
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What does 'serious' breach mean? Authority?
Serious means clear, not grave. Sweden v Stockholm Lindenpark
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What is an example of a breach not being serious enough?
R v HM Treasury Ex Parte BT
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What other factor do we need to consider when determining how serious a breach is?
The discretion of the state
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What is the case authority for breach by the legislature?
Factortame/Brasserie
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What is the case authority for breach by a govt. administration?
Ex Parte Hedley Lomas
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What is the case authority for breach by the judiciary?
Kobler
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What is the case authority for breach by individual officials?
AGM-COS.MET
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Does the causal link require the application of national tests of causation or is it a new test?
The court in Rechberger v Austria decided causation was for the national courts to decide
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What is the rule for domestic rules?
They must not unduly frustrate an individuals pursuit of a state liability claim - Brasserie/factortame
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What was the courts original stance on enforcement of EU Law?
The courts used to leave enforcement of community law to the national courts - Rewe
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What is the obligation on national courts?
To secure effective protection for individual's EU rights
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Is national procedural autonomy immune to EU law?
No
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What does this mean?
Individuals pursuing their EU rights may be able to ignore, or have national courts disapply, national obstacles
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What takes precedent, EU procedure or national procedure? Authority?
EU procedure - Rewe
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What are the two caveats to this?
Effectiveness and equivalence
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What is equivalence?
It must be possible for every type of action provided for by national law to be available for the purpose of ensuring observance of community provisions having direct effect
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What case does this come from?
Rewe-Handelsgesellschaft Nord v Hauptzollant Kiel
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What is effectiveness?
National rules should not render the exercise of EU rights impossible or excessively difficult in practice
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What case is an example of this?
Von Colson
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What was the rule from Marshal II? What was the example here?
Any national law may be susceptible to being set aside. Amount of reparation
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What are the relevant treaty provisions to effectiveness and equivalence?
Art 19 TEU, Art 47. Charter
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What was the rule in Factortame I?
national courts must disapply domestic rules preventing interim relief against the crown
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What was the rule in Factortame II?
Any condition requiring proof of misfeasance would make it excessively difficult to obtain effective redress
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What is the principle from Unibet?
An individual must be regarded as having available legal remedies which ensure effective judicial protection
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Other cards in this set

Card 2

Front

What happened in Francovich?

Back

Italy failed to implement a directive. CJEU held that the relevant parts of the directive did not produce direct effect.

Card 3

Front

What was the gap left in the remedy?

Back

Preview of the front of card 3

Card 4

Front

Which case refines the principle, and sets out the 3 current criteria?

Back

Preview of the front of card 4

Card 5

Front

What are the criteria for state liabilty?

Back

Preview of the front of card 5
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