Direct effect of directive
6 important questions on Direct effect of directive
What are the 6 things for direct effect of directive?
- Directive?
- Directive secondary law?
- Directive vs Regulation
- Direct effect of directives
- Solution
- Definition of a State
2. Directive secondary law
- Art. 288 tfeu
- Can be addressed to one, some or all MS
- binding regarding effect, MS decide upon form and method of transposition
4. Direct effect of directives. Two cases:
- ECJ Case Grad/Finanzamt Traunstein: must be ascertained whether the nature, background and wording of provision in questino are capable of producing direct effects in legal relationships between addresse of the act and third parties
- ECJ Becker case:
- Unconditional
- Absence of implementing measures
- Define right which individuals are able to assert against state
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What is a remedy for violation of transposing directive into legislation MS?
- Focus on act of domestic legislation that violates EU law
- ECJ Case Van Colson: implementation of directive should be in conformity with requirements of EU law
- Obligation of consistent interpretation:
- Applies even when national law was adopted before Directive
- Applies to national legal system as a whole
- Doesn't entail interpretation contra legume. Obligation of MS to compensate loss and damage as result of failure to transpose!
What could be an action for damages according to ECJ Case Francovich?
What are the three conditions for state liability and reparations according to ECJ Case Francovich?
- Result prescribed by directive grants rights to individuals
- Breach must be sufficiently serious
- There must be a direct causal link
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