Practice question · Match the pairs
Match each judgment of the Court of Justice to the doctrine it established.
- Van Gend en Loos
- Costa v ENEL
- Simmenthal
- Francovich
- State liability in damages for failure to implement a directive
- Primacy: a later national statute cannot prevail over Community law
- Direct effect: individuals may invoke Community law before national courts
- The national judge must disapply the conflicting national provision
Hints
- The two earliest judgments established the two structural doctrines.
- One of the four gives the citizen a remedy where invoking the directive itself is not available.
Show the answer
- Van Gend en Loos → Direct effect: individuals may invoke Community law before national courts
- Costa v ENEL → Primacy: a later national statute cannot prevail over Community law
- Simmenthal → The national judge must disapply the conflicting national provision
- Francovich → State liability in damages for failure to implement a directive
Why
Read as a sequence they are four answers to one question: what is a European rule worth to an individual? First it can be invoked; then it beats a national statute; then the ordinary judge must act on that without waiting; and finally, where none of that helps, the defaulting state pays for the loss.
Practise The European Union Legal Order
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