The Law Reports (Queen's Bench Division)
[2018] QB 1179
Court of Justice of the European Union
Farrell
v
Whitty (No 2)
(Case C‑413/15)
EU:C:2017:492
EU:C:2017:745
2016 July 5;
2017 June 22;
Oct 10
2017 June 22;
Oct 10
President K Lenaerts,
Vice-President A Tizzano,
Presidents of Chambers R Silva de Lapuerta, M Ilešič, L Bay Larsen, A Rosas, J Malenovský,
Judges E Juhász, A Borg Barthet, D Šváby, M Berger, A Prechal, K Jürimäe, C Lycourgos, M Vilaras
Advocate General E Sharpston
Vice-President A Tizzano,
Presidents of Chambers R Silva de Lapuerta, M Ilešič, L Bay Larsen, A Rosas, J Malenovský,
Judges E Juhász, A Borg Barthet, D Šváby, M Berger, A Prechal, K Jürimäe, C Lycourgos, M Vilaras
Advocate General E Sharpston
European Union— Directive— Direct effect— Provisions of Directive having direct effect and conferring rights on individuals— Compulsory motor insurance— Organisation responsible for compensating for damage caused by unidentified or uninsured driver— Rule that provisions of Directive could be relied on against organisations which were emanations of state— Whether restricted to organisations which both were subject to control of state and had special powers conferred by state— Whether Directives capable of having direct effect could be relied on against body not displaying both characteristics— Whether individual could rely on provisions against bodies displaying one characteristic— Guidance to courts—
FEU Treaty
, art 288FEU
—
Council Directive 84/5/EEC (as amended by Council Directive 90/232/EEC), art 1(4)