Law 5110 Study Guide - Quiz Guide: Legal Certainty, Enel
Document Summary
34, 45, 49 and 56 tfeu: regulations (established in leonesio3): clear, precise and unconditional, vertically & horizontally directly effective, non-implemented or incorrectly implemented directives (established in. Becker4): clear, precise and unconditional, only vertically directly effective (-> no horizontal direct effect of directives) 288 tfeu: vertical relationship: right held against the state, broad interpretation of state (foster5 case): public bodies under control of the state or installed with special powers, however, no horizontal direct effect of directives (established in faccini. 4 (3) teu: especially relevant in the case of non-implemented or incorrectly implemented directives, however, limited due to legal certainty -> indirect effect will not work if: There is no national law that can be applied/interpreted. National law directly contradicts eu law (contra legem) 1 case 6/64 costa v enel [1964] ecr 585. 2 case 26/62 van gend en loos [1963] ecr 1. 3 case 93/71 leonesio v italian ministry of agriculture and forestry [1972] ecr 287.
