Doctrine: Indirect Effect

[Flash Card 1 of 1]

• Von Colson principle: Article 4 TEU requires Member States to take all measures to ensure Community obligations / all authorities including Courts
• EU law not applied directly / indirectly through interpretation of domestic legislation
• indirect effect not apply: if no relevant national law / or criminal liability (Luciano)
• Von Colson principles depends courts willingness to interpret so compliant with EU law

UK approach

• ECA 1972 S2(4): applies to directly effective EU law only / argument Von Colson cannot apply
• Duke v GEC Reliance: unable construe Sex Discrimination Act 1975 with Equal Treatment Directive / reasons: unfair to GEC / no vertical direct effect (private company) / language Directive opaque

Implementing legislation

• Pickstone v Freeman: purposive approach / comply with EU Directive
• Litster v Forth Dry Docks: legislation designed to give effect to UK's treaty obligations to the Community / reflects Article 4 TEU / purposive approach used

Non-implementing legislation

• ECJ: should as far as possible take purposive approach / extends Von Colson principle (Marleasing)
• Webb v EMO Air Cargo: HoL post Marleasing / as far as possible means sometimes not possible / not if purposive approach creates distortion of national law
• Wagner Miret: ECJ accepted purposive approach not taken by national court

bits of law