Exam revision notes covering the entire EU Law course in the GDL at the University of Law. These notes contain everything you need to know for the exams summarised onto 1-3 pages per topic. Tables, flowcharts, and very short case summaries make revising very easy. The flowcharts are particularly he...
Direct Effect, Indirect Effect, & State Liability 3
Free Movement of Goods (Art 34 TFEU) 4
Free Movement of Workers (Art 45 TFEU) 6
Free Movement of Business: Art 49 (Establishment) & Art 56 (Services) 9
Social Policy 12
Competition Law Art 102 TFEU 13
Competition Law Art 101 TFEU 15
, 2
Article 267 TFEU
ECJ Guidelines & Authorities
- Art. 267 references ‘particularly useful’ when a question is of general importance for the uniform application of EU
law.
- Rheinmuhlen: Higher national court cannot prevent a lower national court making a reference.
- Foto-Frost: National courts cannot declare a piece of EU law invalid, only the ECJ can.
- Trinity Mirror: National courts should exercise self-restraint to prevent the ECJ being overwhelmed with references.
- Costa: ECJ cannot rule on national law or the way it interacts with EU law, only on purely EU law questions.
- Foglia: ECJ has no jurisdiction to give a ruling where there is no genuine dispute.
- Telemarsicabruzzo: ECJ cannot rule when given insufficient factual/legal background to a case.
- Kobler: courts of final instance can be sued under state liability for failing to make a reference to the ECJ.
, 3
Direct Effect, Indirect Effect, & State Liability
- Direct effect: Individuals may rely on EU rights set out in treaty articles and regulations before their national court.
Can be used as sword and shield in national court without the need for national implementation.
- Indirect effect: since directives only have vertical direct effect, individuals can rely on indirect effect to make
horizontal claims in national courts. Courts must interpret national legislation in line with EU directives as far as
possible.
- State liability: When states fail to implement EU directives, individuals can claim damages from the state itself.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller MsGDL. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.11. You're not tied to anything after your purchase.
