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A.Valcke
A.Valcke, Solicitor
Category: European Law
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Experience:  Solicitor 14+ years experience // Masters in EU Law
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the case c-171/11 Fra.bo Spa v DVGWWhat criteria must normally

Customer Question

the case c-171/11 Fra.bo Spa v DVGW
What criteria must normally applied in order for treaty to have horizontal direct effect, and which case is an authority for this?
Submitted: 3 years ago.
Category: European Law
Expert:  A.Valcke replied 3 years ago.
Hello,

Is this for an assignment in your studies?

Customer: replied 3 years ago.

Yes for my assignment, just need some guidance. I am having difficulty in absorbing this very complex (to me) issue of horizontal direct effect.


Thank you.

Expert:  A.Valcke replied 3 years ago.
Hello again,

Horizontal direct effect is about the possibility for a private party to rely on EU treaty provisions as against another private party. Vertical direct effect is about the possibility for a private party to rely on EU treaty provisions as against a Member State or an emanation of the state.

The EU Court of Justice has ruled that various treaty provisions have horizontal direct effect as regards XXXXX XXXXX Treaty freedoms:

1. Free provision of services:

Case 36/74 Walrave and Koch [1974] ECR 1405, paragraph 17

2. The free movement of workers:

Case C-415/93 Bosman [1995] ECR I-4921, paragraph 83

Case C‑281/98 Angonese [2000] ECR I‑4139, paragraph 30

3. Freedom of establishment:

Case C-438/05 Viking Line [2007] ECR I-779, paragraph 61

Fra-Bo is the first time the ECJ has recognised that the free movement of goods may have horizontal direct effect.

I hope this points you in the right direction.

Kind regards

A. Valcke
Expert:  A.Valcke replied 3 years ago.
Hello,

I hope my answer was useful to you.

Please let me know if you need any further help.

Kind regards

A. Valcke
Customer: replied 3 years ago.

Many thanks expert,

Expert:  A.Valcke replied 3 years ago.
Hello,

I hope my answer was useful to you.

Please let me know if you need any further help.

Kind regards

A. Valcke
Expert:  A.Valcke replied 3 years ago.

.

Expert:  A.Valcke replied 3 years ago.
Thanks
Expert:  A.Valcke replied 3 years ago.
I am glad to hear my answer was useful to you.

If you are happy with the answer, I'd ask that you rate my service by clicking on a smiley face.

Thanks in advance.

Kind regards

A. Valcke

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