Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in NV Algemene Transport- en Expeditie Onderneming Van Gend en Loos (Case 26/62), EU:C:1963:1 [1963] ECR 1, 5 February 1963. The document also includes supporting commentary from author Noreen O'Meara.
Chapter
NV Algemene Transport- en Expeditie Onderneming Van Gend en Loos (Case 26/62), EU:C:1963:1, [1963] ECR 1, 5 February 1963
Chapter
Van Duyn v Home Office (Case 41/74), EU:C:1974:133, [1974] ECR 1337, 4 December 1974
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Van Duyn v Home Office (Case 41/74), EU:C:1974:133, [1974] ECR 1337, 4 December 1974. The document also includes supporting commentary from author Noreen O'Meara.
Chapter
Defrenne v SABENA (‘Defrenne II’) (Case 43/75), EU:C:1976:56, [1976] ECR 455, 8 April 1976
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Defrenne v SABENA (‘Defrenne II’) (Case 43/75), EU:C:1976:56, [1976] ECR 455, 8 April 1976. The document also includes supporting commentary from author Noreen O'Meara.
Chapter
Foster and others v British Gas plc (Case C-188/89), EU:C:1990:313, [1990] ECR I-3313, 12 July 1990
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Foster and others v British Gas plc (Case C-188/89), EU:C:1990:313, [1990] ECR I-3313, 12 July 1990. The document also includes supporting commentary from author Noreen O'Meara.
Chapter
Marleasing SA v La Comercial Internacional de Alimentación SA (Case C-106/89), EU:C:1990:395, [1990] ECR I-4135, 13 November 1990
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Marleasing SA v La Comercial Internacional de Alimentación SA (Case C-106/89), EU:C:1990:395, [1990] ECR I-4135, 13 November 1990. The document also includes supporting commentary from author Noreen O'Meara.
Chapter
Van Duyn v Home Office (Case 41/74), EU:C:1974:133, [1974] ECR 1337, 4 December 1974
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Van Duyn v Home Office (Case 41/74), EU:C:1974:133, [1974] ECR 1337, 4 December 1974. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Defrenne v SABENA (‘Defrenne II’) (Case 43/75), EU:C:1976:56, [1976] ECR 455, 8 April 1976
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Defrenne v SABENA (‘Defrenne II’) (Case 43/75), EU:C:1976:56, [1976] ECR 455, 8 April 1976. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Foster and others v British Gas plc (Case C-188/89), EU:C:1990:313, [1990] ECR I-3313, 12 July 1990
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Foster and others v British Gas plc (Case C-188/89), EU:C:1990:313, [1990] ECR I-3313, 12 July 1990. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Marleasing SA v La Comercial Internacional de Alimentación SA (Case C-106/89), EU:C:1990:395, [1990] ECR I-4135, 13 November 1990
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Marleasing SA v La Comercial Internacional de Alimentación SA (Case C-106/89), EU:C:1990:395, [1990] ECR I-4135, 13 November 1990. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
NV Algemene Transport- en Expeditie Onderneming Van Gend en Loos (Case 26/62), EU:C:1963:1, [1963] ECR 1, 5 February 1963
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in NV Algemene Transport- en Expeditie Onderneming Van Gend en Loos (Case 26/62), EU:C:1963:1 [1963] ECR 1, 5 February 1963. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Andrea Francovich and Danila Bonifaci and others v Italian Republic (Joined cases C-6/90 and C-9/90), EU:C:1991:428, [1991] ECR I-5357, 19 November 1991
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Andrea Francovich and Danila Bonifaci and others v Italian Republic (Joined cases C-6/90 and C-9/90), EU:C:1991:428, [1991] ECR I-5357, 19 November 1991. The document also includes supporting commentary from author Noreen O'Meara.
Chapter
Andrea Francovich and Danila Bonifaci and others v Italian Republic (Joined cases C-6/90 and C-9/90), EU:C:1991:428, [1991] ECR I-5357, 19 November 1991
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Andrea Francovich and Danila Bonifaci and others v Italian Republic (Joined cases C-6/90 and C-9/90), EU:C:1991:428, [1991] ECR I-5357, 19 November 1991. The document also includes supporting commentary from author Noreen O’Meara.
Book
Matthew Homewood and Clare Smith
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law assessment, what assessors are looking for, and how to achieve extra marks. EU Law Concentrate provides essential information on all aspects of EU law, starting with the origins, institutions, and sources of law in the EU. It then moves on to consider supremacy, direct and indirect effect, and state liability. Chapter 4 looks at direct actions in the Court of Justice of the European Union. Articles 258–260, 263, 265, 277, and 340 are examined in detail. The next few chapters describe the free movement of goods, persons, and the freedom of establishment and freedom to provide (and receive) services. The book ends with a consideration of EU competition law, in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).
Chapter
2. EU law in national courts
Matthew J. Homewood and Clare Smith
This chapter discusses the key concepts within the EU legal order: supremacy, direct effect, indirect effect, and state liability. The doctrine of supremacy dictates that EU law takes precedence over conflicting provisions of national law. If a provision of EU law is directly effective, it gives rise to rights upon which individuals can rely directly in the national court. If an EU measure is not directly effective, a claimant may be able to rely on it through the application of indirect effect, which requires national law to be interpreted in accordance with relevant EU law. State liability gives rise to a right to damages where an individual has suffered loss because a Member State has failed to implement a directive or has committed other breaches of EU law.
Chapter
8. The Nature and Effect of EU Law: Direct Effect and Beyond
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of direct effect. In a broad sense, direct effect means that provisions of binding EU law, which are sufficiently clear, precise, and unconditional to be considered justiciable, can be invoked and relied on by individuals before national courts. The legal effect of directives is complex. They have vertical but not horizontal direct effect. The ECJ has, however, crafted a growing number of qualifications to the proposition that directives do not have horizontal direct effect. The result is that directives can still have ‘legal effect’ on private parties in various ways through the principle of indirect effect/harmonious interpretation; incidental effect; fundamental rights; general principles of law; and where a regulation makes reference to a directive. The UK version contains a further section analysing issues concerning direct effect in relation to the UK post-Brexit.
Chapter
6. The effects of EU law in the national legal systems
Michal Bobek
This chapter examines how EU law interacts with national legal systems. It first explains the default rules for the national application of EU law. It then focuses on three key principles: direct effect, indirect effect, and primacy. It considers requirements formulated with respect to procedures for the national enforcement of EU law and state liability for breaches of EU law. The chapter concludes with a case study, which illustrates the interplay between the rules and principles introduced in this chapter.
Chapter
8. The Nature and Effect of EU Law: Direct Effect and Beyond
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of direct effect. In a broad sense direct effect means that provisions of binding EU law, which are sufficiently clear, precise, and unconditional to be considered justiciable, can be invoked and relied on by individuals before national courts. The legal effect of directives is complex. They have vertical but not horizontal direct effect. The ECJ has however crafted a growing number of qualifications to the proposition that directives do not have horizontal direct effect. The result is that directives can still have ‘legal effect’ on private parties in various ways through the principle of indirect effect/harmonious interpretation; incidental effect; fundamental rights; general principles of law; and where a regulation makes reference to a directive. The UK version contains a further section analysing issues concerning direct effect in relation to the UK post-Brexit.
Chapter
8. The Nature and Effect of EU Law: Direct Effect and Beyond
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of direct effect. In a broad sense, direct effect means that provisions of binding EU law, which are sufficiently clear, precise, and unconditional to be considered justiciable, can be invoked and relied on by individuals before national courts. The legal effect of directives is complex. They have vertical but not horizontal direct effect. The ECJ has, however, crafted a growing number of qualifications to the proposition that directives do not have horizontal direct effect. The result is that directives can still have ‘legal effect’ on private parties in various ways through the principle of indirect effect/harmonious interpretation; incidental effect; fundamental rights; general principles of law; and where a regulation makes reference to a directive. The UK version contains a further section analysing issues concerning direct effect in relation to the UK post-Brexit.
Chapter
8. The Nature and Effect of EU Law: Direct Effect and Beyond
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of direct effect. In a broad sense direct effect means that provisions of binding EU law, which are sufficiently clear, precise, and unconditional to be considered justiciable, can be invoked and relied on by individuals before national courts. The legal effect of directives is complex. They have vertical but not horizontal direct effect. The ECJ has however crafted a growing number of qualifications to the proposition that directives do not have horizontal direct effect. The result is that directives can still have ‘legal effect’ on private parties in various ways through the principle of indirect effect/harmonious interpretation; incidental effect; fundamental rights; general principles of law; and where a regulation makes reference to a directive. The UK version contains a further section analysing issues concerning direct effect in relation to the UK post-Brexit.
Chapter
11. Normative Interactions: Implementation and Hierarchy of Norms
Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà
This chapter deals with some fundamental realities of international law as a body of legal rules which traditionally requires implementation at domestic level through transposal. In so doing it discusses the traditional theoretical distinction between monism and dualism, as abstract approaches to the relationship between domestic and international legal order. It then tackles the issue of the effects (including direct effects) that international law may have in concrete situations within national systems, as a consequence of, or, in some instances even irrespective of, transposal through national legislation. Thirdly, the chapter discusses the ‘verticalization’ of the international legal order with the affirmation in the second half of the twentieth century of the notion of jus cogens (or peremptory norms) and the effects this has (or might have) within international law and in its relationships with municipal laws.