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EU Law I: Van Duyn case

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Van Duyn case (Case 41/74)

"In particular, where the Community authorities have, by directives, imposed on Member States the obligation to pursue a particular course of conduct, the useful effect of such an act would be weakened if individuals were prevented from relying on it before the national courts and if the latter were prevented from taking it into consideration as an element of Community law."[1]


Conditions

   * The provision must be sufficiently clear and precisely stated,
   * It must be unconditional or non-dependent,
   * The provision must confer a specific right for the citizen to base his or her claim on.


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