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Supremacy and Direct effect (Direct actions (Articles (265 (action for…
Supremacy and Direct effect
Direct actions
Articles
265
action for failure to act against union institutions
268
actions for damages by individuals against unions institutions
270
272
258
actions by commission against MS breach of union law obligations
260
action by commission if MS fails to remedy the breach
259
action by one MS - another MS
263
action for judicial review
annulment - act has no legal effect so :no_entry:
all acts which has a legal effect
locus standi -
privilaged
MS, council and commission, parliament
semi privilaged
protect their prerogative
non privilaged
any natural or legal persons - challenged act is
addressed to the applicant
1 more item...
regulatory act addressed to another person
1 more item...
general and retroactive effect
grounds
infringement of an essential procedural requirement
infringement of a Treaty or any rule of law relating to its application
direct action brought by MS, an institution, body or agency - ECJ :star:
the General court
preliminary reference from the national courts
art 267
refer a question regarding validity of or interpretation of union law to the ECJ. some cases to Gen court
ECJ does not determine the outcome of the case
decision sent to national court which determines outcome of the case
remedies are those available under national law
requirements
adaquate
effective
deterrent effect
must make a reference if the court or tribunal is court of last resort
267(3)
court against whose decision there is no judicial remedy under national law
no obligation to refer if
its not necessary
ECJ already gave a ruling on the question even if question not identical
matter is acte clair
must be convinced that the matter is equally clear to ECJ and national court - multilingual nature :warning:
every provision of UL must be placed in its context and interpreted in light to UL as a whole
acte clair - no scope for reasonable doubt
acte eclaire - clear ruling on same point in previous case
trial judge has option whether to refer 267(2)
preliminary ruling
does not address question of national law
principle of supremacy
national courts are bound to apply these rulings
free to re-refer a question that has been asked before
ECJ not bound by its own decisions
ensure
unity of interpretation
state liability for failure of a court of final instance to make a reference
Kobler v Republik Osterreich
MS could be liable only where court has manifestly infringed the applicable law
manifest?
degree of clarity
precision of rule infringed
intentional
error inexcusable?
decision made in manifest breach of the case law of the ECJ in the matter
national legislation which stops state liability :forbidden:
conditions
UL confer rights on individuals?
breach sufficently serious?
causal link between the breach and the loss/damage suffered by the injured party?