Web-Companion "Essential EU Law in Charts"

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Dear Reader of "Essential EU Law in Charts, 2nd Lisbon edition, 2010". Please take note of the following updates and corrigenda:

Recent national case law | p. 106

Page: 106 Chart Number: 6/3 Chart Title: Direct effect as a doctrine based on case law

Regarding the second box there is new national case law in France. Hence, the last sentence should read:

  • The EEC Treaty did not mention the practical effect of Community law in the national legal orders in relation to individuals.
  • According to the ECJ: in the event of a conflict between national law and EEC law/measures which grant individuals rights, the national courts must protect rights of individuals under EEC law and the right of individuals to rely directly on EEC law in a national court. Reasoning: as distinct from traditional public international law, EEC law concerns not only states, but also individuals; Van Gend en Loos (1963).
  • Lisbon Treaty: no mention of direct effect in the Treaties. Assumption that the doctrine of primacy now relates to all binding EU law that grants rights to individuals.
    In practice, direct effect is usually observed; very few obvious problems in the Member States, except e.g. the French “Conseil d’État” in Cohn-Bendit (1978); revoked by Perreux (2009).
Published: 2 July 2010

Typographical error | p. 106

Page: 106 Chart Number: 6/3 Chart Title: Direct effect as a doctrine based on case law

The box in the fourth row at the right hand side must read:

The measure must grant rights to one or several individuals
Two examples:
Dahms (2005): a provision in a directive stating that awards and medals may be featured on the labels of table wines does not grant rights to individual consumers/traders;
Janecek (2008): a provision in a directive obliging the Member States to draw up an environmental action plan for the protection of public health implies the right of individuals directly concerned by the health risks to require the national authorities to draw up an action plan.

Published: 10 July 2011