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Chapter 5 Interactive key cases
Sources of Law III: Effect of EU and International Law
Costa refused to pay his electricity bill, alleging it breached the Treaty of Rome.
EU law takes precedence over post-dating national legislation that conflicts with it.
Defrenne sought to invoke a Treaty article in an equal pay claim.
Treaty articles are also capable of horizontal direct effect.
Marshall sought to rely on a Directive in a sex discrimination claim.
Directives can only be invoked vertically, against the state or a public body, and cannot be invoked horizontally.
This claim concerned product labelling.
A Directive cannot be directly effective until its implementation deadline has passed.
This was an application for an interim injunction.
National law must be set aside where it infringes EU law.
Van Duyn challenged the UK’s refusal to grant her entry into the country.
Directives are capable of direct effect.
This was a challenge to a customs fee, arguing it breached the free movement of goods.
The principle of direct effect was established. A Treaty article is directly effective if it is ‘clear, precise, and unconditional’ and its implementation requires no legislative intervention by Member States.