Part II European Law: Enforcement

5. Direct Effect  

Cases

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  • Case 26/62 Van Gend en Loos
    In Case 26/62 Reference to the Court under [subparagraph (a) of the first paragraph and the third paragraph of Article 267 TFEU] by the Tariefcommissie, a Netherlands administrative tribunal having final jurisdiction in revenue cases, for a preliminary ruling in the action pending before that court between N.V. ALGEMENE TRANSPORT- EN EXPEDITIE ONDERNEMING VAN GEND…Case 26/62 Van Gend en Loos
  • Case 26/62 Van Gend en Loos [1963]
    Case 26/62 Van Gend en Loos [1963] Facts: The appellant in this case was required to pay an import duty for the import of chemicals from Germany. Contrary to Art. 30 TFEU, the duty had increased. Held: The Treaty provisions had direct effect on Member States. The ECJ considered that ‘the Community constitutes a new…Short summary
  • Case 2/74 Reyners
    In Case 2/74 Reference to the Court under [Article 267 TFEU] by the Conseil d'Etat, Belgium for a preliminary ruling in the action pending before that court between JEAN REYNERS, docteur en droit, company manager, resident at Woluwé­ Saint-Lambert (Brussels), and THE BELGIAN STATE, represented by its Minister of Justice, Intervening party: L'ORDRE NATIONAL DES…Case 2/74 Reyners
  • Case 41/74 Van Duyn
    In Case 41/74 Reference to the Court under [Article 267 TFEU] by the Chancery Division of the High Court of Justice, England, for a preliminary ruling in the action pending before that court between YVONNE VAN DUYN and HOME OFFICE on the interpretation of [Article 45 TFEU] and Article 3 of Council Directive 64/221/EEC of…Case 41/74 Van Duyn
  • C-41/74 Van Duyn v Home Office
    C-41/74 Van Duyn v Home Office [1974] Facts: Directive 64/221 allowed Member States to take measures restricting the movement of non-nationals on grounds such as public policy – without defining permissible range of public policy concerns. Held: By providing that measures taken on public policy grounds had to be based on the personal conduct of…Short summary
  • Case 43/75 Defrenne
    In Case 43/75 Reference to the Court under [Article 267 TFEU] by the Cour du Travail (Labour Court), Brussels, for a preliminary ruling in the action pending before that court between GABRIELLE DEFRENNE, former air hostess, residing in Brussels-Jette, and SOCIÉTÉ ANONYME BELGE DE NAVIGATION AERIENNE SABENA, the registered office of which is at Brussels,…Case 43/75 Defrenne
  • Case 14/83 Von Colson
    In Case 14/83 REFERENCE to the Court under [Article 267 TFEU] by the Arbeitsgericht [Labour Court] Hamm for a preliminary ruling in the action pending before that court between SABINE VON COLSON AND ELISABETH KAMANN and LAND NORDRHEIN-WESTFALEN [North-Rhine Westphalia], on the interpretation of Council Directive No 76/207/EEC of 9 February 1976 on the implementation…Case 14/83 Von Colson
  • Case 14/83 Von Colson
    Case 14/83 Von Colson [1984] ECR 1891 Facts: The applicants claimed unlawful sex discrimination against a state employer, relying on the Equal Treatment Directive. They wanted to be reinstated to their post. Held: Article 6 of the Equal Treatment Directive was not sufficiently precise to have direct effect. Nevertheless, Member States had a duty to…Short summary
  • Case 152/84 Marshall
    In Case 152/84 REFERENCE to the Court under [Article 267 TFEU] by the Court of Appeal of England and Wales for a preliminary ruling in the proceedings pending before that court between M. H. Marshall and Southampton and South-West Hampshire Area Health Authority (Teaching) on the interpretation of Council Directive No 76/207/EEC of 9 February…Case 152/84 Marshall
  • Case 152/84 Marshall
    Case 152/84 M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) (No.1) [1986] Facts: The applicant was dismissed by the health authority on the ground that she had passed the age of 60, and the relevant policy mandated that female employees retire at 60 and male employees at 65. Under national law…Short summary
  • Case C-188/89 Foster
    In Case C-188 /89, REFERENCE to the Court under [Article 267 TFEU] by the House of Lords for a preliminary ruling in the proceedings pending before that court between A. Foster, G. A. H. M. Fulford-Brown, J. Morgan, M. Roby, E. M. Salloway and P. Sullivan and British Gas plc, on the interpretation of Council…Case C-188/89 Foster
  • Case C-188/89 Foster
    Case C-188/89 Foster v British Gas [1990] Facts: The applicants had been employed by British Gas at a time when the industry was nationalised and monopolised by British Gas. The company's policy was to require women to retire at 60 and men at 65. The applicants invoked the provisions of the 1976 Equal Treatment Directive.…Case C-188/89 Foster
  • Case C-91/92 Faccini Dori
    In Case C-91/92, REFERENCE to the Court under [Article 267 TFEU] by the Giudice Conciliatore di Firenze Judge-Conciliator, Florence), Italy, for a preliminary ruling in the proceedings pending before that court between Paola Faccini Dori and Recreb Srl on the interpretation of Council Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away…Case C-91/92 Faccini Dori
  • Case C-91/92 Faccini Dori
    Case C-91/92 Paola Faccini Dori v Recreb Srl [1994] Facts: The appellant cancelled her order for a language course, relying on rights of cancellation provided for by an EU law directive. This directive had not been incorporated into Italian national law. Held: The directive did not have direct effect. Under Art. 288 TFEU a directive…Short summary
  • Case C-32/93 Webb
    In Case C-32/93, REFERENCE to the Court under [Article 267 TFEU] by the House of Lords for a preliminary ruling in the proceedings pending before that court between Carole Louise Webb and EMO Air Cargo (UK) Ltd on the interpretation of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of…Case C-32/93 Webb
  • Case C-194/94 CIA Security
    In Case C-194/94, REFERENCE to the Court under [Article 267 TFEU] by the Tribunal de Commerce de Liege (Belgium) for a preliminary ruling in the proceedings pending before that court between CIA Security International SA and Signalson SA, Securitel SPRL, on the interpretation of [Article 34 TFEU] and of Council Directive 83/189/EEC of 28 March…Case C-194/94 CIA Security
  • Case C-194/94 CIA Security
    Case C-194/94 CIA Security v Signalson [1996] ECR I-2201 Facts: A company argued that the respondent had libelled it by claiming that the alarm system which it marketed had not been approved as required under Belgian legislation. The company contended that the Commission had not received proper notice of the law as required by EU…Short summary
  • Case C-368/95 Familiapress v Bauer
    In Case C-368/95, REFERENCE to the Court under [Article 267 TFEU] by the Handelsgericht Wien, for a preliminary ruling in the proceedings pending before that court between Vereinigte Familiapress Zeitungsverlags-und vertriebs GmbH and Heinrich Bauer Verlag on the interpretation of [Article 34 TFEU],Case C-368/95 Familiapress v Bauer
  • Case C-144/04 Mangold
    JUDGMENT OF THE COURT (Grand Chamber) 22 November 2005 (Directive 1999/70/EC – Clauses 2, 5 and 8 of the Framework Agreement on fixed-term work – Directive 2000/78/EC – Article 6 – Equal treatment as regards employment and occupation – Age discrimination) In Case C-144/04, REFERENCE for a preliminary ruling under [Article 267 TFEU] from the…Case C-144/04 Mangold
  • Cases C-10-22/97 Ministero delle Finanze v IN.CO.GE ’90
    Cases C-10-22/97 Ministero delle Finanze v IN.CO.GE ’90 [1998] Facts: Companies objected against a national charge for registering companies. They secured an injunction for repayment of that national charge, but national authorities objected that the court lacked jurisdiction on matters relating to taxation. Held: The incompatibility of EU law with a subsequently adopted rule of…Short summary
  • Case 36/74 Walrave and Koch
    Case 36/74 Walrave and Koch [1974] ECR -01405 Facts: The International Cycling Union set a requirement that the pacemaker in a race had to be of the same nationality as the stayer. Two Dutch nationals who took part as pacemakers in cycling races contended that the rule was discriminatory. Held: The imposition of obstacles based…Short summary
  • C-85/96 Martínez Sala
    C-85/96 Martínez Sala [1998] Facts: The applicant was a Spanish national living in Germany. She held various posts of employment in Germany. During these posts, she was in receipt of social assistance under the Federal Social Welfare Law. Following expiration of the residence permits, the applicant applied for a child-raising allowance. She was refused on…Short summary
  • Case C-106/89 Marleasing
    Case C-106/89 Marleasing [1990] ECR I-4135 Facts: The claimant company brought proceedings to have another company’s articles of association declared void, as it was formed solely to defraud creditors. EU law did not include lack of cause as a ground for the company's nullity, whereas Spanish law did. The issue at stake was if the…Case C-106/89 Marleasing
  • Case C-201/02 Delena Wells
    Case C-201/02 R (Delena Wells) v Secretary of State for Transport, Local Government and the Regions [2004] Facts: EU law required assessment of the environmental effects of public and private projects before planning consent was given. As permission had been granted without such an assessment, the applicant sought revocation of the consent given. Held: The…Case C-201/02 Delena Wells
  • Case C-415/93 Bosman
    Case C-415/93 Bosman [1995] ECR I-4921 Facts: The transfer rules laid down by a football association regulated transfers of players between teams. In particular, an international transfer could not take place unless the former national association issued a transfer certificate acknowledging that all financial commitments, including any transfer fee, had been settled. After refusing to…Case C-415/93 Bosman
  • Case C-443/98 Unilever Italia
    Case C-443/98 Unilever Italia [2000] ECR I-7535 Facts: A company's labelling practices complied with national law but not EU law, and so the company purchasing the goods refused to pay. While the law had been properly notified, but it had been adopted in breach of a standstill clause under a Directive. Held: The national court…Case C-443/98 Unilever Italia
  • Case C-555/07 Kücükdeveci v Swedex
    Case C-555/07 Kücükdeveci v Swedex GmbH & Co KG [2010] ECR I-365 Facts: The applicant felt her notice period for dismissal was unfair. She claimed that national law discriminated on grounds of age, as it prevented service before the age of 25 from being considered. The period for transposing the relevant EU Directive had expired…Case C-555/07 Kücükdeveci v Swedex