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EU Law
| Term | Definition |
|---|---|
| Internationale Handelsgesellchaft | Principle of Supremacy, EU Law takes precedence over national constitutions - originates general principles of EU Law |
| General Principles of EU Law | Unclear, Right to Equal Treatment, Non-Discrimination etc |
| Hauer | {Vine, Germany, Property Rights}, Must be proportionate |
| Treaty of Amsterdam | Possibility to suspend state for serious and persistent breach of fundamental rights |
| Article 7 TEU | Risk of serious breach of EU Values, Existence of Serious Breach, Council must reach 4/5 Majority |
| Lisbon on ECFR | Fundamental Rights shall constitute general principles of the Union's Law |
| Scope of Application of the Charter of Fundamental Rights | Article 51 |
| Scope of Charter | Only when implementing EU Law |
| Léger | {French, MSM Blood}, Implementing Directive, Non-Discrimination |
| Fransson | Fishing on Swedish/Finnish Border, Tax Fraud, VAT comes within EU Law as Central Fund exists |
| Siragusa | Planning Permission does not come within scope of EU Law |
| Siragusa Test | Implementing EU Law requires a certain degree of connection above and beyond the matters being covered being closely related or one of those matters having an indirect impact on the other |
| Costa v ENEL | Principle of Supremacy |
| Internationale Handelsgesellschaft Primacy | EU Law not subject to ANY provision of national law |
| Simmenthal | Every National Court has duty to apply EU Law in its entirety |
| MJELR v WRC | Irish Equality Tribunal has no EU jurisdiction, pending outcome |
| Factortame | Disapplied UK Parliamentary Sovereignty, EU Law applies regardless of national rules |
| Taricco | If disapplying national law entails a breach of the rights of defendants, the national court is not obliged to do so. |
| Van Gend en Loos | {German chemicals, customs tariff} |
| Direct Effect Requirements General | Clear and Precise, Unconditional, Don't require further implementation |
| Petrie | {Italian foreign language lecturer, sought access to case documents} |
| Petrie (2) | Failed because not unconditional |
| Defrenne v SABENA | {Equal Pay} |
| Carbonari | {Trainee Doctor Remuneration} |
| Carbonari (2) | Not unconditional |
| Van Duyn v Home Office | {Scientology} |
| Van Duyn Criteria | Clear and Precise, Unconditional, Time Limit Expired |
| Ratti | {Solvent labeling prosecution} |
| Ratti (2) | Time limit had not expired |
| Wallonie | Must refrain from taking any measures liable seriously to compromise the result prescribed |
| Marshall v Southampton AHA | {60/65 Retirement} - Public Hospital Emanation of State |
| Foster v British Gas | Bodies which where subject to the authority or control of the State or had special powers beyond those which result from the normal rules applicable to relations between individuals |
| Farrell v Whitty | {MIBI, emanation of state} |
| Whitty Test | Task in Public Interest and Special Powers |
| AMS | {Right to Elect Staff Representatives} |
| Direct Effect of ECFR | Other principles can be invoked but not yet tested |
| Mangold v Helm | {Fixed Term Contracts, Germany} |
| Mangold (2) | Succeeded using general principle of equal treatment |
| Van Colson | Established principle of sincere cooperation |
| Marleasing | {Sought to avoid debt third party company} |
| Marleasing (2) | Indirect Effect can be invoked horizontally |
| Adeneler v ELOG | Indirect effect can only be invoked after time limit expires |
| Adeneler (2) | The Wallonie Principle applies also to Indirect Effect |
| Wagner Miret | If it is impossible to interpret legislation, no indirect effect |
| IMPACT | Cannot retrospectively interpret laws through indirect effect |
| Ajos | National Courts must diverge from established case law through indirect effect |
| Legitimate Expectations Indirect Effect | Divergence from case law does not disturb |
| Unilever Italia v Central Foods | {Olive Oil Law, Three Parties} |
| Wells v Secretary of State for Transport | {Quarry} |
| Wells Principle | Individuals can rely on EU directives against government even where this has adverse repercussions on the rights of third parties |
| Francovich | {Successful State Liability, Insolvency} |
| Francovich Principles | Directive grants rights, content of rights can be identified, causal link |
| Brasserie du Pecheur | {German Beer Quality Laws, foreign could not access market} |
| Brasserie (2) | State Liability Successful |
| Francovich Non-Compliance Principle | Adds manifestly and gravely disregard limits of discretion |
| Francovich Sufficiently Serious Principles | Clear and Precise, Authority Discretion, Intentional, Excusable, Contribution by EU |
| Hedley Lomas | {UK export Spain Live Animals, Sufficiently Serious} |
| British Telecommunications | Bona Fide, Good Faith breach never sufficiently serious |
| Ogieriahki v MJELR | {Nigerian, Ireland, SL Remedy, NO} |
| Koebler | {Court no CJEU application, not manifest breach but possible} |
| Marshall v Southampton Damages | {Statutory Cap inconsistent with EU effectiveness} |
| Levez v TH Jennings | Remedy must be equivalent |
| A340 TFEU | Non-Contractual Liability of EU |
| A340 Criteria | Intended to confer rights, sufficiently serious, causal link |
| A263 | Judicial Review |
| A263 Criteria | Reviewable, Standing, Grounds, 2 Months |
| Reviewable | Legislative intended to produce legal effects |
| IBM v Commission | {Letter, Opening Investigation, Preliminary, Not Reviewable} |
| Privileged Applicant | MS, Commission, Parliament, Council |
| Quasi-Privileged Applicant | Dispute touches on prerogatives |
| Non-Privileged Applicant | Addressed to person, Direct and Individual Concern, |
| Direct Concern | Clear line between adoption and effect |
| NV International Fruit Company | {Apple License outside EU, no MS Discretion, Direct Concern} |
| Differdange | {Steel Subsidies, MS discretion set level, cannot litigate, intervening step} |
| Plaumann | {Clementine, Customs Duty} |
| Plaumann Test | Certain peculiar attributes, differentiated from all others by virtue of these factors |
| Piraiki-Patraiki | Greece, Cotton Import, Open Category, No Individual Concern |
| Piraiki Exception | Pre-Existing Contracts |
| Greenpeace | {Power Plants, Canary Islands, Impact Assesment, No Individual Concern} |
| Court Concerns Standing | Wording of Treaties, Floodgates |
| UPA v Council | {Olive Oil, small producers, regulations damage interests} |
| AG Jacobs UPA Test | Liable to have a substantial adverse effect on his interests |
| Jégo-Quere | {Hake, Increased Hole Net Size} |
| Jégo General Court Test | Definite and Immediate Effect |
| CJEU Arguments Keep Plaumann | 267 Adequate, National Courts ensure access, MS to amend treaty |
| AG Jacobs Counter Plaumann | 267 Serious Shortcomings, National Autonomy Infringed, No Barrier to Reinterpretation |
| Lisbon New Standing | Regulatory Act of Direct Concern and does not entail implementing measures |
| Inuit v EP | Only applies to things not legislative, failed |
| Non-Legislative New Lisbon Standing | Delegated Legislation |
| Grounds for Judicial Review | Lack of Competence, Infringement of procedural requirement, Infringement of Treaty, Rule of Law, Misuse of Powers |
| Rule of Law Grounds for Judicial Review | Proportionality, Legitimate Expectations, Fundamental Rights, Non-Discrimination |
| Inuit v Commission No.2 | Failed to establish ground for JR, does not apply to mere commercial interests |
| Mulder | {Milk, Gave Up Scheme, Legitimate Expectation, Voluntary Co-Operation} |
| A267 TFEU | Preliminary Ruling Procedure |
| May Request 267 | Court Considers Necessary to Deliver Judgment |
| Must Request 267 | No possibility of Appeal |
| MJELR v O'Connor | {Brexit, EU Arrest} |
| Broekmeulen | {Dutch General Medicine Appeal, Court} |
| Broekmeulen Factors | Adversarial. Representation, Ruling Final, Independent, Rule of Law, Inter Partes |
| Belov | Bulgarian Commission on Discrimination rejected, non-judicial |
| Da Costa | Court may give Order of the Court where identical facts |
| Order of the Court | Concise Statement of Current Law |
| CILFIT | National courts have latitude in non-identical circumstances to interpret EU Law |
| Acte-Clair Doctrine | No reasonable doubt as to application of law |
| Guza | Different Language Versions can lead to different outcomes, must be considered in acte clair |
| Firma Foto-Frost | National Courts cannot disapply EU Legislation |
| Novello | CJEU will reject artificial disputes {Wine} |
| Meilicke | {Professor, contrived} |
| Bio Phillipe | {Likely fictitious, not inconceivable need interpretation} |
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