EU Law: Direct Effect, Indirect Effect and State Liability - Assignment Example

Individuals can seek the Court's intervention, if their rights are breached, due to the non – implementation or improper implementation of Directives, on the basis of the doctrine of state liability.... The European Court of Justice, through its case law, had established that certain Treaty Articles would have direct effect.... Such Articles, under no circumstances, can have direct effect.... The principles relating to direct effect were discussed threadbare in this case....

In order to advise Christina with regard to her rights under European Community law (EC) to receive a refund, it will be necessary to evaluate individual rights under Directives and state liability for failure to implement EC law at national level. Firstly, the implementation… Indeed, Lord Denning MR presiding in the case of H.... However, the term “directly applicable” has created ambiguity and the principles of direct effect and indirect effect will determine whether the Council Directive relating to the right of consumers to full contract price refunds (the Directive) is directly applicable under UK law4....

In this case, France had implemented an EC Directive on damages for product liability but had failed to reflect the actual extent of damages prescribed by the Directive.... The procedure is designed to permit a Member state an opportunity to respond to the Commission prior to delivering an opinion.... hellip;  In the event the Member state fails to accept the opinion, the Commission commences judicial proceedings against the infringing Member state....

Whereas the Roman II Regulations were meant to issue directives on the harmonization of product liability laws, the harmonization has acted to impose unfavorable business environment.... Central to these legal uncertainties is the product liability directives enshrined in the Rome II regulations.... The Rome II regulations, though credited for opening up trans-border trade, have also been a source of criticism for the uncertainties they have caused in respect to the choice of law applicable in trans-border product liability cases....

The report highlights two of the methods employed by individuals for reducing tax liability: tax evasion and tax avoidance. Tax evasion versus avoidance has It has been observed that currently, tax laws are drafted in such a manner that they can reduce possibilities of tax avoidance.... However, tax planning also paves way for lessening tax liability.... The professionals, who are engaged in the documentation, help individuals in employing such illegal means for cutting down tax liability, which is highly penalized....

direct effects refer to... The Sale of Goods Act of 1979 requires the all goods sold to the buyer meet the description by being of satisfactory quality, description and must be fit for the purpose.... The transaction creates a contract between the trader and the client, and each party should treat the other… The effects of Act in case the goods do not meet any of those requirements is that the buyer has the right to take them back to the seller for replacement or repair within a reasonable time (Thies, 2013, p....

The spirit of indirect effect was later expanded in Marleasing SA v La Comercial Internacional de Alimentacion SA C- 106/89 (1990) where the ECJ ruled that EU law should be invoked when determining remedies where the state law is unclear or where it is not in line with the EU law.... The rules effectively tailored the direct effect of the EU law on the issues facing the EC in a way that was in tandem with the true intention of the drafters.... The principle of direct action was spawned in the Van Gend en Loos case of 1963 which has since empowered individual citizens to cite provisions of the eu law and get a hearing in national courts of law....

"Direct Effect of Directives" paper focuses on the doctrine of Direct effect and the debilitating gap for redress imposed by the limited application of Directives under the Doctrine of Horizontal Effect.... The doctrine of direct effect is not provided for by any statutory instrument.... nbsp; Directives are applied by virtue of the doctrine of direct effect which can be applied vertically or horizontally.... Vertical direct effect is applicable against the Member States and its agents in the event a directive is either improperly implemented by a Member State or not implemented within the timeframe provided for its implementation....