Van Gend en Loos

EU law as new legal order of international law

Direct effect of primary law

-> clear, precise and unconditional

Internationale Handelsgesellschaft

Principle of Supremacy 

EU law precedes nationa law

Tobacco Advertising

Limits of Art. 114 TFEU as a legal base

1. Must intent to revent the emergence of obstacles to the internal market resulting from disparities between national laws

2. Emergence of such obstacle must be likely

3. Measure in question must be designed to prevent them

Recovery of Indirec Taxes

Centre of Gravity test

Legal base should be chosen according to the main objective/predominant aim

Titanium Dioxide

Dual legal base is only possible when the legislation prcedures are the same

Legal base should ensure the possibility for judicial review

Nold

International agreements on Humand Rights are not binding for the EU unless they are incorporated into the Treaties

BUT

They serve as guidelines for the CJEU

Stauder

Fundamental rights are enshrined in the general principles of EU law and protected by the Court

Rutili

Rights stated in the ECHR are part of EU law

Leonesio

In order to be directly effective Regulation must be

clear, precise and unconditional

Becker

Direct effect of Directives when not implemented in time

Time lmit for implementation has expired

Measure is clear, precise and unconditional

Ratti

Estoppel principle

non implemented Directives may only be vertically directly effective

Marshall

Defendent must be an emanation of the state

Foster

Criteria for emanation of the state

1. Must provide a public service

2. Must be under state control

3. Must possess special powers to provide the service 

Faccini Dori

Lack of horizontal effect of non-implemented Directives

 Directives do not impose obligations on individuals and private private companies

Von Colson

Criteria for indirect effect

1. Existence of national law

2. National must predate EU law

3. Possibility to interprete national law in line with EU law

Marleasing

Duty to interprete national law in line with EU law

Adeneler

Indirect effect beginns with the passing of the transposition deadline

Francovich

Criteria for state liability in legislative breach

1. Measure must confer rights to individuals

2. Rights must be clear form the Directive

3. Causal link between breach and loss

Brasserie du Pêcheur in State liability

Executive breach and infringement of primary law

1. Rule of law infringed must confer rights to individuals

2. Breach must be sufficiently serious

3. Causal link between breach and loss

Dillenkofer in state liability

Non implementation of a Directive is always a serious breach

CILFIT

Acte clair

Acte éclairé

Fotofrost

National courts may not invalidate EU law

Star Fruit

Infringement Procedure

Commission has no obligation but a discretion to act

Plaumann for individual concern

- Applicant is affected by reasons of certain attributes  or circumstances

- They are differentiated from all others

- They can be distinguished individually

Inuit

Requirements to challenge an executive act adopted by the Commission

1. Act of general application which is not a legislative act

2. Does not entail further implementing measures

3. Act is of direct concern to the  applicant

Schöppensted in EU liability

1. Measure must confer rights to individuals

2. Rights must be clear from the measure

3. Causal link between breach and loss

Brasserie du Pêcheur in EU liability

1. Whether the breach is excusable or not

2. Whether the breach was intentional or involuntarily

Bergaderm

Confirmed Schöppensted and Brasserie criteria and added two further criteria

1. Complexity of the matter to be regulated

2. Scope of discretion left to the relevant institution

Regione Siciliana

2nd Criteria for Direct Concern

Measure may not be subject to the discretion of a MS