Figure 4.1

A flowchart is as follows. Explain meaning of direct effect, Van Gend Politi; Grad Van Duyn, points down to, Is measure clear, precise, and unconditional? If yes, why, Is it a Treaty Article or Regulation or Decision? Or Is it a directive. There is a bi-directional connect with No between the above two. Is it a treaty, if yes, E U law has direct effect. Is it a directive, if yes, Has the transposition deadline passed? Ratti. If yes, Is defendant the State or emanation of the State, example Marshall, as per Foster test? This points to, Does it provide a public service? In a sequence to this are, Yes, what? Is the service under State control? Yes, how? Does it have special powers to provide the service? Yes, what? Does it provide, is the service, and does it have special point to, no, why not. This points down to, Not an emanation of the State. This points to, No direct effect; Consider incidental horizontal effect. In a sequence are Does it have special powers to provide the service? Yes, what? Emanation of the State; E U law has direct effect. E U law has direct effect and all the no direct effects point to, If relevant national law, consider indirect effect; If State has breached E U law, consider State liability. If is measure is No, why not? Then through no direct effect it points down to if relevant. If deadline was not passed, no direct effect, why? Then through no direct effect it points to if relevant.

Figure 4.1 Summary of direct effect

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