direct effect

• what sources of EU law are directly applicable?

  - treaties

  - regulations

  - decisions
• what sources of law are not directly applicable?

  directives
• what do directives have in terms of direct effect?

  only have vertical direct effect
• when can directives have vertical direct effect

  only once the time period for implementation has passed
• give the case example which involved vertical direct effect

  Marshall v southampton and SW hampshire AHA 1986
• what happened in the above case?

  - Miss marshall forced to retire at 62 but wanted to work till 65

  - under domestic law of sex discrimination act 1975 this was not discriminatory but WAS opposing an equal treatment directive which had NOT been properly implemented by UK

  - directive gave clear rights to people & imposed clear obligations on MS

  - Her employer was an "arm of the state" so she was able to sue them via vertical direct effect
• give the case example that demonstrates directives having no horizontal direct effect

  Duke v GEC reliance LTD 1988
• what was stated from this case?

  where you deserve access, but your claim isn't against the state, you cannot sue private companies as they aren't responsible for the lack of implementation
• what is the wide definition of the "state"

  a body providing a public service under control of state and therefore has special powers beyond what a private body would have
• give an case example that included an organisation that was part of the state

  Foster v British gas PLC 1990 (british gas was part of the state)
• give another case with an arm of the state involved

  Griffin v South west water 1995 (although privatised SWW still had some services under control of the state)
• what is the solution to the unfairness of some people getting rights and some not?

  State liability
• what is state liability?

  citizens can claim damages against the MS that failed to implement the EU directive
• give the case example of an MS failing to implement a directive

  Francovich v Italian Republic 1991
• explain the above case

  - Italy failed to implement directive to protect employees

  - CJEU found Italy in breach of its obligations under EU law

  - Awarded damages to claimant
• what is indirect effect?

  National courts should interpret national law in accordance with relevant EU legislation
• give the case for this

  Von colson 1984
• explain the above case

  - CJEU stated "courts required to interpret their national law in the light of wording & purpose of the directive"
• what do all of the above sources of law have in terms of direct effect?

  vertical & horizontal direct effect