Apply when - EU law cases

Defrenne II

- Question of national law, an individual wants to invoke a provision of a Treaty against another individual

Simmenthal II

- Individual may have a right under a regulation against another individual

- A party or the court argues that a national court has to wait for the intervention of the national constitutional court/legislator before it can disapply a national rule contrary to EU law

Van Gend + Loos

- Question of national law, an individual wants to invoke a provision of a Treaty against State

Marshall

- Individual wants to invoke a provision of Directive against State

Leonesio

- Individual wants to invoke an article of a Regulation

Egenberger

- Individual wants to invoke a Charter provision in national Court

- Indirect effect

Bauer

- Individual wants to invoke a Charter provision in national Court

Council v Commission

Commission wants to withdraw its proposal

Faccini Dori

- Indirect effect if Directive

- Economic loss as a consequence of the failure of a Member State to transpose a Directive in time

Chernobyl

- Cases of legal disputes

Ireland v European Parliament + Council

- Cases of legal disputes

Tobacco Advertising I

- Cases of legal disputes relating to article 114 TFEU

- Principle of Proportionality, Subsidiarity

(Measure invalid (too broad, not really internal market))

Costa v Enel

- Party argues that the provision of national law is superior or more recent than the EU Law provision or more enshrined in the national constitution

Solange I

- Party argues that a national law should prevail over an EU Law. E.g. more recent, national provision is enshrined in national constitution, other reasons

Rewe

- Procedural rules, rules of national law determine how a right under EU law can be exercised at the national level

Brasserie du pecheur + Factortame

- Economic loss as a consequence of a breach of EU Law by a Member State

British American Tobacco

- Proportionality

- Cases of legal disputes relating to article 114 TFEU

- Principle of Proportionality, Subsidiarity

(Measure valid (actually improves market functioning))

- Addition for: Tobacco Advertising I

Alliance for Natural Health

- Intensity of judicial review

- Proportionality of harmonisation measures

- Precautionary principle

- Conflict between EU law and national law

- Addition for: Tobacco Advertising I

R v Department of Transport

- Conflict between EU law and national law

- Addition for: Simmenthal II, Factortame