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vertical direct effect

Last modified: Thu Feb 23 16:37:38 2006

EC legislation has `vertical direct effect' if it can be relied on in national courts in an action against the member state. Although only Regulations are specified to be directly applicable, the ECJ has subsequently held that, in certain circumstances, Treaty provisions, Decisions, and Directives can have direct vertical effect as well.

That Regulations have vertical (and horizonal) direct effect, is set out in Art. 249 of the ECTreaty.

That Treaty provisions have direct vertical (and horizontal) effect, was established by VanGendEnLoos1963 and subsequent cases.

Decisions are binding on whomever they are addressed to, and therefore can have vertical direct effect.

Directives can have vertical direct effect (see: VanDuyn1974) as soon as the time limit for their implementation has elapsed.

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