Chapter 5 Self-test questions

The doctrine of direct effect enables individuals to enforce rights and obligations in their __________.

All EU legal instruments are capable of direct effect

True

False

Treaty Articles are capable of having direct effect: [Please select all that apply]

in legal actions brought by an individual(s) against a Member State (vertical direct effect).

in legal actions brought by an individual(s) against another individual(s) (horizontal direct effect).

both in legal actions brought by an individual(s) against a Member State (vertical direct effect) and in legal actions brought by an individual(s) against another individual(s) (horizontal direct effect).

in legal actions brought by an individual(s) against a Member State (vertical direct effect) but not in legal actions brought by an individual(s) against another individual(s) (horizontal direct effect).

A regulation can be invoked vertically or horizontally.

True

False

In addition to being sufficiently clear and precise and unconditional, a directive cannot be directly effective:

before the Member State has implemented the Directive into domestic law.

after the Member State has implemented the Directive.

before the time limit for implementation has expired. Unless Mangold (case C-144/04) applies.

What is the general principle which was made in Marshall v Southampton & South West Hampshire Area Health Authority (Teaching) (case 152/84)?

Directives are capable of having direct effect in disputes between individuals.

A Directive may not of itself impose obligations on an individual. In addition, a provision of a Directive may not be relied upon as such against such a person.

Foster is a good example of how: [Please select all that apply]

The CJ follows a liberal interpretation of the meaning of State.

Directives are directly effective in proceedings against all organs of the administration, including decentralised authorities.

In the course of assessing the true nature of organisations or bodies, the CJ would accede to the distinction between a nationalised undertaking and a State agency; it would not enquire whether the undertaking is 'subject to the authority or control of the State or had special powers beyond those which result from the normal relations between individuals'.

The CJ took the legal form of 'the body' as a decisive factor in assessing whether an individual may rely against the 'body' on the provisions of a directive in proceedings before the national court.

The principle of State liability which was introduced in Francovich v Italy (cases C-6 & 9/90), and the doctrine of indirect effect were suggested as _______ remedy where the court had denied to give a directive a horizontal direct effect.

Despite the ruling in Unilever Italia v Central Food SpA (case-443/98) where the CJ gave incidental direct effect to a Directive in a dispute concerning contractual obligations between individuals, the CJ reiterated that Directives in general do not have .

The doctrine of indirect effect as envisaged in Marleasing SA v La Comercial Internacional de Alimentación SA does not apply: [Please select all that apply]

Where the duty to construe domestic law to comply with an EU Directive would aggravate the criminal liability of an individual.

Where having followed a constructive approach would result in the imposition of an obligation on individuals.

Where national courts cannot construe domestic law to comply with an EU Directive, when the domestic provision is clearly at odds with the EU Directive.

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