This document summarizes several important cases related to European Union (EU) law that established key principles like direct effect, supremacy of EU law over national law, and the ability of individuals to rely on EU law in national courts. It discusses cases such as Van Duyn, Foster, and Francovich which found that treaties and directives can have both vertical and horizontal direct effect and individuals can claim damages for non-implementation. It also examines cases that determined regulations are directly applicable and binding in member states.

1. First reference to the ECJ since joiningInvolved the treaty (freedom of movement of people)Involved directive allowing MS to limit who entered on public policyVan Duyn v Home Office<br />The ECJ held the Treaty had created a new legal order, so EU law can be used by citizens in their own courts.Van Gend en Loos<br />The ECJ held Treaty Article 12 wasn’t breached as it can be restricted on the grounds of public policy, and there was no interference with movement of good because they were illegal drugs.Josemans v Maastricht<br />Mrs Macarthy was able to rely on the article against her private employer because Treaties have both vertical and horizontal effect.Macarthys v Smith<br />Regulations are binding in their entirety and carry the same force as an Act of Parliament, so MS must implement them, even if they conflict with national law.Leonesio v Italian Ministry for Agriculture<br />An emanation of the state is any entity under the control of the governmentFoster v British Gas <br />A court must interpret national law in the light of EU directive.Von Colson v Nord-Rhein Westpfalen<br />An individual can claim damages for non-implementation of directives.Francovich v Italy <br />Local government is an ‘emanation of the state’ Gibson v East Riding of Yorkshire<br />Indirect effectCan’t rely on a directive against an individual but courts are bound to interpret national law in the light of EU, so this might help!Marleasing<br />Directive have vertical direct effect and hospitals are emanations of the stateMarshall v Southampton AHA<br />An example of a regulation, confirming that they automatically become law, and therefore the MS must enforce them.Re: Tachographs<br />Duke v GEC RelianceDirectives do not have horizontal direct effect and can’t be relied on against private companies.<br />One emanation of the state cannot use a directive against another emanationR (Westminster City Council) v Mayor of London<br />RegulationsDirectivesTreaties<br />