Week 1 cases - intro to EU law / Effects of EU law in the national legal orders

Van Gend en Loos (Issue + Rule)

Issue
- Direct effect of treaty provisions

Rule
- sufficiently clear + unconditional

Van Gend en Loos (independent or complementary)

Independent

Titanium Dioxide (Issue + Rule)

Issue

• Art 114 TFEU Legal basis

Rule

• Legal basis must be bacon on objective factors amenable to judicial review

Titanium Dioxide (independent or complementary)

Independent

Tobacco Advertising I (Issue + Rule)

Issue

• Art. 1114 TFEU

Rule

• Measure must genuinely have as its object of improvement the functioning of the internal market

Tobacco Advertising I (independent or complementary)

Complementary to Titanium Dioxide

Cassis de Dijon (Issue & Rule)

Issue

• MEE & quantitative restrictions

Rule

• Prohibition of non-discrimination n. Federal model of negative integration

Cassis de Dijon (Independent or complementary)

Independent

Costa v ENEL (Issue & Rule)

Issue

• EU law supremacy

Rule

• Cannot be overridden by domestic law whatsoever

Costa v ENEL (independent or complementary)

Independent

Simmenthal II (Issue & Rule)

Issue

• EU law supremacy

Rule

• national courts are allowed and obligated to ensure the full effect of EU law

Simmenthal II (independent or complementary)

Complementary to Costa

Van Duyn (Issue & Rule)

Issue

• Treaty provision direct effect

Rule

• Art. 45 TFEU is sufficiently clear and unconditional → vertical direct effect

Van Duyn (independent or complementary)

Complementary to Van Gend en Loos

Walrave (Issue & Rule)

Issue

• horizontal direct effect of art 45+56 TFEU

Rule

• Can also be invoked against private entities who are exercising legal autonomy

Walrave (independent or complementary)

Art. 45: used with Bosman

Art. 56: Used with Laval

Azienda Agricola Monte Arcosa (Issue & Rule)

Issue

• Direct effect of regulations

Rule

• Don’t always have direct horizontal effect, MS have some discretion to defining

zienda Agricola Monte Arcosa (independent or complementary)

Independent

Munoz (Issue & Rule)

Issue

• direct effect of regulations

Rule

• regulation shave direct horizontal effect

Munoz (independent or complementary)

Independent

Grad (Issue & Rule)

Issue

• Direct effect of decisions

Rule

• If its unconditional, sufficiently clear + precise

Grad (independent or complementary)

Independent

Marshall (Issue & Rule)

Issue

• Direct effect of directives

Rule

• Vertical direct effect:

1. After transposition deadline

2. provision sufficiently clear + unconditional

Marshall (independent or complementary)

Indepedent; used with Faccini Dori for ‘No horizontal direct effect of directives’

Kolpinghuis (Issue & Rule)

Issue

• direct effect of directives

Rule

• no inverse vertical direct effect

Kolpinghuis (independent or complementary)

Independent

Faccini Dori (Issue & Rule)

Issue

• Direct effect of directives + indirect effect + State liability

Rule

• duty to consistent interpretation arises only after the implementation deadline

Faccini Dori (independent or complementary)

Complementary; Marshall; Brasserie du Pecheur

Adeneler (Issue & Rule)

Issue

• Indirect effect of Directives

Rule

• Duty to consistent interpretation arises only after the implementation deadline

Adeneler (indepedent or complementary)

Independent

Dansk Industri (Issue & Rule)

Issue

• Direct effect of fundamental rights

Rule

• Art. 21 CFR has been codified - can be used both vertically and horizontally (try indirect then direct effect)

Dansk Industri (independent or complementary)

Independent

Brasserie de Pechuer (Issue & Rule)

Issue

• State liability

Rule

• 3 cumulative criteria

Brasserie du Pecheur (independent or complementary)

Used with cases in week 6

Lecture 1 cases (Intro to EU law)

• Van Gend en Loos

• Titanium Dioxide

• Tobacco Advertising I

• Cassis de Dijon

Lecture 2 cases (Effects of EU law in the national legal orders)

• Costa v ENEL

• Simmenthal II

• Van Duyn

• Walrave

• Azienda Agricola Monte Arcose

• Munoz

• Grad

• Marshall

• Kolpinghuis

• Faccini Dori

• Adeneler

• Dansk Industri

• Brasserie du Pecheur