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EU · Year 2 · Judicial Remedies

Direct & Indirect Effect, State Liability

How EU law is enforced in national courts.

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  1. 1.Defrenne v Sabena (No 2) (Case 43/75) — held?

    The equal pay principle (now Art 157 TFEU) has horizontal direct effect, but the ruling's effect was limited in time.

    Case 43/75 [1976] ECR 455

  2. 2.Faccini Dori (Case C-91/92) — held?

    Directives do not have horizontal direct effect: they cannot be relied on against private parties.

    Case C-91/92 [1994] ECR I-3325

  3. 3.Foster v British Gas (Case C-188/89) — test?

    Directives can be relied on against a body providing a public service under State control with special powers beyond normal rules between individuals (an "emanation of the State").

    Case C-188/89 [1990] ECR I-3313

  4. 4.Von Colson (Case 14/83) — principle?

    National courts must interpret national law in light of the wording and purpose of a directive (indirect effect).

    Case 14/83 [1984] ECR 1891

  5. 5.Marleasing (Case C-106/89) — principle?

    The duty of consistent interpretation applies to national law whether adopted before or after the directive.

    Case C-106/89 [1990] ECR I-4135

  6. 6.Mangold (Case C-144/04) — held?

    Non-discrimination on grounds of age is a general principle of EU law, which national courts must apply even between private parties.

    Case C-144/04 [2005] ECR I-9981

  7. 7.Factortame (Case C-213/89) — held?

    A national court must set aside a national rule that prevents it from granting interim relief to protect EU law rights.

    Case C-213/89 [1990] ECR I-2433

  8. 8.Brasserie du Pêcheur / Factortame III (C-46/93 and C-48/93) — conditions for State liability?

    The rule infringed must confer rights on individuals, the breach must be sufficiently serious, and there must be a direct causal link to the damage.

    [1996] ECR I-1029

  9. 9.Köbler (Case C-224/01) — held?

    State liability can arise from a manifest infringement of EU law by a national court of last instance.

    Case C-224/01 [2003] ECR I-10239