Search results for " direct effect"
showing 6 items of 6 documents
Trade and Interlegality
2019
The idea that the WTO legal system and its institutional bodies (especially the judicial branch) have developed a single-sided ides of what is good and would attempt to impose a deep-rooted liberalization agenda on the rest of world is hardly corroborated by an empirical analysis. Quite the contrary, recourse to a series of legal techniques has made it possible to leave open a space for reciprocal understanding and debate with other circuits of legality.
Of Direct Effect, Primacy and Constitutional Identities. Rome and Luxembourg enmeshed in the Taricco Case
2017
International audience
Unlawful Aid and Public Undertakings: Vertical Direct Effect of Article 108(3), third sentence TFEU
2021
This paper addresses the position of public undertakings that may appear in a State aid law-related context in their capacity of intermediaries or grantors of aid vis-à-vis Article 108(3), third sentence, TFEU, to check whether the standstill obligation directly applies to public undertakings where they act to grant or disburse State aid. Public undertakings must refrain from granting aid in breach of the standstill obligation, as addressees of the standstill obligation. Where a public undertaking fails to apply Article 108(3) TFEU, it opens itself to claims based on Union law, including claims for damages. Union law is stated as it stood on 20 June 2021.
Da Düsseldorf a Lussemburgo e ritorno: “Towards Horizontal Effect For the Free Movement of Goods?”
2014
A seguito di rinvio pregiudiziale deciso da CGUE 12 luglio 2012 C-171/11, Fra.bo/DVGW, che ammette, per la prima volta, l’efficacia orizzontale, e cioè nei rapporti privatistici, del principio della libera circolazione delle merci, già affermata dalla giurisprudenza europea per le altre libertà fondamentali di circolazione (CGUE 12 luglio 2012 C-171/11, Fra.bo/DVGW, in European Review of Contract Law, 2013, 186, con commento di Harm SHEPEL; nonché, H. van HARTEN, T. NAUTA, Towards Horizontal Direct Effect For the Free Movement of Goods. Comment on Fra.Bo., in European Law Review, 2013, 677; SHUIBHNE, The Coherence of EU Free Movement Law. Consitutional Responsibility and the Court of Justic…
Nuove regole di applicazione del diritto UE in sede nazionale?
2022
Two important judgments of the Consiglio di Stato (Italy) allow revisiting general institutions relating to the primacy of EU law and the instruments that guarantee its application in national law. Among others are the direct effect of the directives, the need for a preliminary ruling, and the so-called double preliminary ruling. Finally, the essay highlights some critical issues regarding the limits of the non-application of the law, the overcoming of the res judicata, and the temporary suspension of the ousting effect of a rule of EU law by national courts.
Temperature effects explain continental scale distribution of cyanobacterial toxins
2018
Insight into how environmental change determines the production and distribution of cyanobacterial toxins is necessary for risk assessment. Management guidelines currently focus on hepatotoxins (microcystins). Increasing attention is given to other classes, such as neurotoxins (e.g., anatoxin-a) and cytotoxins (e.g., cylindrospermopsin) due to their potency. Most studies examine the relationship between individual toxin variants and environmental factors, such as nutrients, temperature and light. In summer 2015, we collected samples across Europe to investigate the effect of nutrient and temperature gradients on the variability of toxin production at a continental scale. Direct and indirect…