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Rodolfo DR and Others v. FOGASA
Published online by Cambridge University Press: 01 January 2021
Abstract
Treaties — Effect in municipal law — European Economic Community Treaty, 1957 — Primacy of EEC law over municipal law — Directives — Direct effect — Conditions — Failure of Member State to implement provisions of directive by specified time — Whether directive may be relied upon by individuals before municipal courts — Whether provisions sufficiently unconditional and precise — Margin of discretion left to Member States — Provisions involving choice from range of options — Body liable to provide benefit not identified — Whether directive can be relied upon by individuals to enforce payment against public body in national courts
International organizations — EEC — Liability of Member States — EEC Treaty, 1957 — Breach of Community law for which Member State responsible — Whether claim can be brought by individuals for non-implementation of Community directive against public body subject to State control
Treaties — Effect in municipal law — Treaty concerning the Accession of Spain and Portugal to the European Communities, 1985 — Act of Accession, Article 392 — Effect of acts of Community institutions — Community directives enacted prior to accession — Notification — Time limit for implementation
Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Directives — Whether capable of conferring rights on individuals
Economics, trade and finance — Insolvency of companies — Protection of employees — EEC Council Directive 80/987 — Guarantee of unpaid wage claims — Implementation in Member States — Failure of Member State to comply with obligations — Whether individuals may enforce right to guarantee against public body before national courts — The law of Spain
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- © Cambridge University Press 1993