100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Summary Chart showing Direct Effect in EU law - part 2 £5.16
Add to cart
Quickly navigate to
Preview
  2.  
  3. BPP University College Of Professional Studies Limited (BPP)
  4.  
  5. EU Law

Summary

Summary Chart showing Direct Effect in EU law - part 2

 0 purchase

This chart is part two of the key points of EU law direct effect. It is designed to show the working of Direct Effect on EU member states. Includes Van Gend de loos criteria explanations. Designed to use during open book and MCQ exams. For visual learners. Available in Direct Effect and EU bund...

[Show more]

Preview 1 out of 1  pages

Document information

  • May 5, 2024
  • 1
  • 2021/2022
  • Summary

Subjects

Written for

All documents for this subject (10)

Seller

avatar-seller
maddi2921

Content preview

Direct Effect continued




Requirements Sufficiently Positive Direct effect,
Unconditional
for Direct Effect clear & Precise. Obligations against whom?

Also in Cooperativa Provision must be unconditional. VGDL was a negative obligation
VGDL = Article 12 EEC can have
AgricolaZootecnica case (no custom duty raises) clear
Not all provisions of an EU treaty direct effect agaisnt the Dutch
from this that a provision is
have direct effect. Tax and customs office. So it can
capable of having a direct effect
have effect against the state
if framed in negative terms.
Cooperativa Agricola Zootenica
provided more concrete ruling:
Means that it must set out the
obligation in unequivocal terms.
(this means it must be Alfons Lutticke GmBH v
sufficiently clear - not absolutely Hauptzollamt saarlouis (case Provisions that have direct effect
They must meet certain clear) 57/65) ECLI:EU:C:1966:34 agaisnt the state are said to have
1) provision must not be qualified
requirements for them to do so.
by any condition COJ held that article 95 EEC VERTICAL DIRECT EFFECT
could have a direct effect.

In Van Duyn v Home Office
(case 41/47)
2) provision must also not be
ECLI:EU:C:1974:133 Defrenne v SABENA (No2) case
subject, in its implementation or
Twp basic principles known as COJ held that the direct effect 43/75) ECLI:EU:C:1976:56
effects, to the taking of any
the Van Gend de Loos criteria will not be precluded by the fact Alfons case provision contained
measure by community concerning equal pay held that
1) Provision must be Sufficiently that the provisions raised institutions or member states. a positive obligation on article 119 EEC was capable of
clear & precise questions that can be resolved Member states to remove having direct effect againt
(so it will fail this requirement if descriminatory tax measures by
2) It must also be unconditional by a court of law. private parties (companies &
it has to be implemented by the a certain deadline.
EU or by the member states) individuals
Mere fact that provision
The mere fact that a provision
contains positive obligation will
needs to be interpreted will not
not prevent it from being able
prevent it from having a direct
to have direct effect
effect so long as the
interpretation can be resolved Provisions which have direct
Aim of this requirement is effect against private parties are
by the court of law from the
ensure that the legal right in said to have
provision itself.
question is available
immediately. right wont be HORIZONTAL DIRECT EFFECT
immediately available if a
condition prevents it from being
so, or or if ot has to be
implemented by the EU or
member states first.
Therefore it won't have a direct
effect.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

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 maddi2921. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £5.16. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

69988 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now

Start selling
£5.16
  • (0)
Add to cart
Added