Introducing
Your new presentation assistant.
Refine, enhance, and tailor your content, source relevant images, and edit visuals quicker than ever before.
Trending searches
Foster, an employee of British Gas, then a nationalized monopolist, sought to rely on Directive 76/207 as company policy on retirement ages was discriminatory
Francovich was owed outstanding wages after his employer went bankrupt and could not recover lost wages because Italy had failed to establish a fund for this purpose as set out in Directive 80/987
CJ held Italy liable for not implementing the directive under Article 10 EC
Dutch scientologist offered work in London was refused entry into the UK argued the refusal was in breach of Directive 64/221 which laid out the scope to which member states could derogate from Article 45 TFEU re: free movement of workers in the EU
CJ held that Van Duyn could indeed rely on the directive being directly effective against the Home Office
concerned Article 110 which at its introduction included a provision requiring member states to remove by 1962 any existing internal taxation measures which discriminated against goods of other member states
CJ held that no discretion was left to member states to give effect to the positive obligation once the deadline had passed
air hostess Defrenne brought suit against Belgian airline SABENA for gender discriminatory pay as infringement of Article 141
CJ held that language of Article 141 was suitably clear, precise, and unconditional to establish a right to equal pay which could be exercised both vertically and horizontally
two female social workers were rejected for jobs in favour of less qualified male applicants, and relied on the Equal Treatment Directive as implemented by German law
Von Colson argued that the national law failed to properly implement the directive given that redress was limited to reimbursing travel expensives and hence not an effective remedy as laid out in Article 6
CJ found that Article 6 was not sufficiently clear to be directly effective but that national courts are required under Article 10 EC to interpret domestic laws implementing a directive in conformity with the wording & purpose of the directive
Dutch importer of urea formaldehyde from West Germany argued an increase in custom duties caused by the authorities' reclassification of the product infringed Article 25 EC
VGL argued that such EC articles gave rise to individual rights enforceable in national courts
CJ held Article 25 created rights and obligations with direct impact not only on member states but also upon citizens of those states
Costa, a shareholder in an electricity company nationalized by the Italian government refused to pay his electricity account, claiming the nationalization
legislation was contrary to Community law
Italian government argued the case 'inadmissable' as national courts were obliged to apply the nationalization legislation as the expression of Parliament
CJ held that national couts could not accord precedence to unilateral national law over Community law accepted on the basis of reciprocity
female dietician Marshall employed by Southampton Health Authority was forced to retire at age 60 (males could continue to work until 65) and argued the health authority was in breach of the Equal Treatment Directive
Marshall argued the health authority was an 'organ' of the state and therefore a part of the state; despite the fact that the state was acting in the capacity of employer rather than public authority in this situation, vertical effect could be applied
CJ held that because a directive placed an obligation only on the member state, it could not be relied upon against a private individual who has no responsibility for the directive's implementation
French brewers were stopped from exporting beer to Germany and claimed damages from Germany
1
2
similar facts as given in Marshall
CJ upheld principle that rights established in a directive cannot found a claim against a private individual
Marleasing, creditor of La Comercial, sought to annull contracts with La Comercial under grounds established by the Spanish Civil Code which was not recognized in an unimplemented Company Law Directive 68/151
CJ found that conflict between the directive and Spanish domestic law must be resolved in favour of the directive
EU Law and National Law
the provision must be 'legally complete' such that a national court can give effect to it without any further action by the member state
the provision itself must not leave any discretion to the member state as to whether or not the right is to be given effect
compare to...