European Union Law Notes

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Case C360/11 – Commission v Spain Advocates opinion (Jääskinen) – VAT cut on medical items not enacted properly thought to be unlawful
Case C537/03 Candolin and Others [2005] ECR I-5745 and Case C-356/05Farrell [2007] ECR I-3067, that the Court endeavours to ensure special protection for the passengers of vehicles involved in accidents.

The Doctrine of Indirect EffectWhere a Directive has not been implemented by Member State or has been inadequately implemented an individual can take action against another individual by using the concept of “indirect effect” Von Colson v Land Nordrhein-Westfahlen [1984] ECJ
Article 5 EC requires Member States to "take all appropriate measures" to ensure fulfilment of Community obligations. And this means that courts must interpret national law so as to ensure the objectives of Directive are achieved. This requires an effective remedy that has a deterrent effect and is adequate in relation to the damage sustained. A Directive cannot of itself impose obligations on private partiesMarleasing SA v La Comercial Internacional de Alimentacion SA [1990] ECJ
Therefore, national courts must as far as possible interpret national law in the light of the wording and purpose of the Directive in order to achieve the result pursued by the Directive. This obligation applies whether the national provisions in question were adopted before or after the Directive; national courts were 'required' to interpret domestic law in such a way as to ensure that the objectives of the Directive were achieved. So, courts must do everything possible to interpret domestic law to comply with Community law. State Liability when there is no domestic law on a matter to which a Directive relates or domestic law is totally contrary to EC lawFrancovich v Italy [1991] ECJ
Sometimes referred to as the 'Francovich Doctrine' or the 'Francovich Principle'.…...

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