Exam (elaborations)
European Union Law Cases With Complete Solutions Latest Update
- Module
- European Union Law
- Institution
- European Union Law
European Union Law Cases With Complete Solutions Latest Update
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European Union Law Cases With CompleteSolutions Latest Update
Case 41/74 van Duyn v Home Office - correct answers - directives can be directly effective in courts
- Directive 64/221 Article 3(1): refusal of entry is based on a public policy issue based exclusively on personal
conduct
- van Duyn argues wrongful refusal of entry
- Directive is directly effective
*Case 26/62 van Gend en Loos - correct answers - the Community: new legal order of international law
(imposes obligations on individuals and confers rights upon them)
- Direct effect: clear and precise, creates an unconditional and unqualified obligation and requires no further
implementing measure
Case 265/95 Commission v France (Spanish Strawberries) - correct answers - French farmers destroying
Spanish strawberries
- prevention of obstacles to free movement of goods
- MS could be held liable for acts done by private individuals if MS did not adopt appropriate measures to
prevent harmful conduct
Case 11/83 Piraiki-Patraiki - correct answers - direct and individual concern (Article 263 TFEU) when bringing a
claim against an act of the EU
- direct concern: requiring a relationship of cause and effect between the act itself and its impact on the
applicant, with no intervening discretion by any authority
Delaney v Secretary of State for Transport - correct answers - negligent driving to a drug deal: MIB Agreement
1999 (liability not relevant where the vehicle is used in the course of a crime)?
- breach of Directive 84/5 Article 1(4).
- claimant entitled to damages because exception was not expressly stated in the Article
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