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France. The Conseil d'Etat Abandons Its Cohn Bendit Case-Law; Conseil d'Etat, 30 October 2009, Mme Perreux

Published online by Cambridge University Press:  09 June 2010

Chloé Charpy
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Extract

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For over 30 years the French Conseil d'Etat has maintained that it is impossible to rely on EC Directives before French administrative courts in a complaint filed against an individual administrative act. This in spite of the Court of Justice's well known case-law that directives under certain conditions can have direct effect, as was first recognized in SpA SACE v Finance Minister of the Italian Republic of 17 December 1970 and confirmed by Van Duyn v Home Office of 4 December 1974.

Keywords

Conseil d'EtatCohn Bendit caseDirect effectCommunity lawDirectivesEuropean Court of Justice
Type
Case Notes
Information
European Constitutional Law Review , Volume 6 , Issue 1 , February 2010 , pp. 123 - 136
Copyright
Copyright © T.M.C. Asser Press and the Authors 2010