Term
| Directives - Direct Effect |
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Definition
Ratti - if unlegislated then only state liable
Foster v British Gas - 'public service under control of state'
Van Gend en Loos - must be sufficiently clear, precise, unconditional
Marshall + Duke - no horizontal between private citizens
Delena Wells - can be incidental horizontal |
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Term
| Directives - Indirect Effect |
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Definition
Van Colson
Marleasing - horizontal effect if existing statute that can be interpreted consistently with directive |
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Term
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Definition
Francovich + Faccini - allows claimants to sue state in absence of legal recourse
Mangold (Germ) - for 'general EU principle' could have horizontal effect
Factortame 1/2 - EU law must prevail over '88 Merchant Shipping Act
L Bridge - limitation of sovereignty was entirely voluntary |
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Term
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Definition
Costa v ENEL - situation of priority not harmonisation by ECA '72
Simmenthal--
Garland - supremacy accepted in UK |
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