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Indirect Effect
Indirect effect is a principle of the European Union (EU) law, whereby national courts of the member states of the EU are required to interpret national law in line with provisions of EU law. The principle of indirect effect contrasts with the principle of direct effect, which, under certain conditions, allows individuals to invoke the EU law itself before national courts. The indirect effect arises from the failure of a member state to implement a directiveeither correctly or at allbut where the direct effect cannot apply because the party against whom the directive is sought to be enforced is a private entity or otherwise fails to meet the conditions which would give the directive direct effect. In ''Von Colson and Kamann v Land Nordrhein-Westfalen'', the ECJ ruled that national courts should interpret national law in line with the directive, "in so far as it is given the discretion to do so under national law". While ''Von Colson'' dealt with a situation where a member state ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct Effect
In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce. Direct effect is not explicitly stated in any of the EU Treaties. The principle of direct effect was first established by the Court of Justice of the European Union (CJEU) in ''Van Gend en Loos v. Nederlandse Administratie der Belastingen''.(Case 26/62); 963ECR 1; 970CMLR 1 Direct effect has subsequently been loosened in its application to treaty articles and the ECJ has expanded the principle, holding that it is capable of applying to virtually all of the possible forms of EU legislation, the most important of which are regulations, and in certain circumstances to directives. The ECJ first articulated the doctrine of direct effect in the case of ''Van Gend en Loos'', the European Court of Justice laid down the criteria (commonly referred to as the "Van Gend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Von Colson V Land Nordrhein-Westfalen
''Von Colson v Land Nordrhein-Westfalen'' (1984Case 14/83is an EU law case, concerning the conflict of law between a national legal system and European Union law. Facts Sabine Von Colson and Elisabeth Kamann were German social workers who applied to work in men's prisons run by the State of North Rhine-Westphalia. Both were rejected on the basis they were women. Von Colson and Kamann appealed the decision at the Arbeitsgericht (Labour Tribunal). Under European Communities law, the Equal Treatment Directive (76/207/EEC) required member states to give effect to principle of equal treatment and obliged them to provide a legal remedy. The claimants argued that they had a directly effective right to demand that the court order the employer to appoint her. Instead of this or compensation, they were awarded only "reliance losses" as a remedy, equivalent to the travel costs incurred by going to the interview (7.20 DM). Judgment Lack of precision in the directive prevented it from ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marleasing V La Comercial Internacional De Alimentacion
''Marleasing SA v La Comercial Internacional de Alimentación SA'' (1990C-106/89was a decision of the European Court of Justice concerning the indirect effect of European Community law, now European Union law. It established that the courts of European Union member states have a duty to interpret national legislation in the light of unimplemented European Union directives. Facts Marleasing SA (the Applicant) brought an application before the Spanish national courts for an order that the contract establishing "La Comercial" was void and that the formation of La Comercial should be nullified on the grounds that establishment "lacked cause, was a sham transaction and was carried out in order to defraud the creditors of Barviesa (a co-founder of La Comercial)". Spanish law at the time, Articles 1261 and 1275 of the Spanish Civil Code, stated that "contracts without cause or whose cause is unlawful have no legal effect". La Comercial argued that the action should be dismissed in its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grimaldi V Fonds Des Maladies Professionnelles
Grimaldi may refer to: Rulers of Monaco * House of Grimaldi, the princely family of Monaco **List of Grimaldi family members * Rainier Grimaldi, a French admiral People * Alberto Grimaldi (1925–2021), Italian film producer * Anna Grimaldi (born 1997), New Zealand athlete * Bernardino Grimaldi (1837–1897), Italian politician * Carol Grimaldi (1938–2014), American restaurateur * Dan Grimaldi (born 1952), Italian-American actor * David Grimaldi (entomologist) (born 1957), American entomologist and curator * David Grimaldi (politician) (born 1978), American politician * David Grimaldi (soccer) (born 1954), retired American soccer defender * Edevaldo Grimaldi (born 1984), Italian footballer * Eva Grimaldi (born 1961), Italian actress and model * Francesco Maria Grimaldi (1618–1663), Italian mathematician and physicist * Giovanni Francesco Grimaldi (1606–1680), Italian architect and painter * Jerónimo Grimaldi, 1st Duke of Grimaldi (1720–1789), Italian-Spanish pol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct Effect
In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce. Direct effect is not explicitly stated in any of the EU Treaties. The principle of direct effect was first established by the Court of Justice of the European Union (CJEU) in ''Van Gend en Loos v. Nederlandse Administratie der Belastingen''.(Case 26/62); 963ECR 1; 970CMLR 1 Direct effect has subsequently been loosened in its application to treaty articles and the ECJ has expanded the principle, holding that it is capable of applying to virtually all of the possible forms of EU legislation, the most important of which are regulations, and in certain circumstances to directives. The ECJ first articulated the doctrine of direct effect in the case of ''Van Gend en Loos'', the European Court of Justice laid down the criteria (commonly referred to as the "Van Gend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incidental Effect
Incidental effect is a concept in European Union law that allows the use of indirect effect Indirect effect is a principle of the European Union (EU) law, whereby national courts of the member states of the EU are required to interpret national law in line with provisions of EU law. The principle of indirect effect contrasts with the pri ... of Directive (European Union), EU directives in private legal actions. While an individual cannot be sued for failure to comply with an EU directive, the state's failure to comply can be an incidental factor in a suit against an individual, where it will not impose legal obligations upon them. The concept was defined by the European Court of Justice in Case C-194/94 ''CIA Security International SA v. Signalson SA and Securitel Sprl''. CIA had attempted to market a burglar alarm in Belgium that was not compatible with Belgian technical specifications. However, the Belgian government had failed to report these specifications to the EU, as req ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Francovich V Italy
''Francovich v Italy'' (1991) C-6/90 was a decision of the European Court of Justice which established that European Union Member States could be liable to pay compensation to individuals who suffered a loss by reason of the Member State's failure to transpose an EU directive into national law. This principle is sometimes known as the principle of state liability or "the rule in ''Francovich''" in European Union law.UK LegislationEuropean Union (Withdrawal) Act 2018 Schedule 1 accessed 8 July 2018 Facts Under the Insolvency Protection Directive 80/987 (now 2008/94/EC) EU Member States were expected to enact provisions in their national law to provide for a minimum level of insurance for employees who had wages unpaid if their employers went insolvent. Mr Francovich, who had worked in Vicenza for CDN Elettronica SnC, was owed 6 million Lira, and Mrs Bonifaci and 33 of her colleagues were owed 253 million Lira together after their company, Gaia Confezioni Srl, had gone bankr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
