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Direct Effects, Indirect Effects


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Van Gend en Loos
Individuals can rely on and enforce EU law in their domestic courts. Established criteria for (horizontal) direct effect:
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EM spectrum
Simmenthal SpA
Stated when EU law is supreme: everywhere regardless. National law is to be disapplied.
adaptation
has very little to do with survival during mass extinctions
Carp Snc v Ecorad Srl
Regulations may only be relied upon against the party to whom they are addressed
Grimaldi
Recommendations and opinions are not binding and thus have no direct effect
Van Duyn
Directive capable of direct effect is satisfy van Gend criteria
Ratti
Unconditional when implementation date has passed and not implemented
VNO
Partially or incorrectly implemented
Marks and Spencer
Not applied in a way to achieve the result sought
Marshall v Southampton and SW Area Health Authority
Directives may only have vertical direct effect. Could work here as Health Authority was part of the state
Atmosphere
This is a mixture of gases that surrounds Earth. In addition to containing the oxygen you need to breathe, it protects you from the sun's damaging rays and is always changing.
Police force is the state
Johnston v Chief Constable of RUC
Bipartite
Under control of state OR special powers
Tripartite test
Provides public service AND under control of state AND special powers
Una Film
Not an emanation under the tripartite
N.U.T. v St. Mary's Junior School
Courts can adopt whichever test to suit their needs; flexible approach. Emanation under the bipartite
Kampelmann
Emanation under bipartite
Sozialhifeverband Rohrbach
Emanation under bipartite
Von Colson
National courts should read laws in light on EU laws to give effect to directive
Harz
Indirect effect can have horizontal action
Marleasing
Applied horizontal indirect effect. As long as there is a law to interpret, even if it predates directive. Interpret "as far as possible"
Wagner Miret
No indirect effect where national law expressly contradicts EU law
Pupino
No requirement to interpret 'contra legem'
Kolpinghuis Nijmengen
Cannot be used to determine criminal liability
HM Revenue and Customs v IDT Card Services
Interpretation can change meaning but must not rewrite or make policy changes
Sufficiently Serious
manifestly and gravely disregarded the limits of its discretion
Hedley Lomas
Clear directive but didn't follow therefore breach
British telecommunications PLC
Not liable as no breach; unclear directive, not intention, others had done the same