Index card Farrell v Whitty (No 2)

Hearings

European Union

10 Oct 2017 (Case C-413/15); EU:C:2017:745; EU:C:2017:492; [2018] QB 1179; [2018] 3 WLR 285; [2018] Lloyd's Rep IR 103; [2019] RTR 11; [2017] WLR (D) 659, ECJ (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)

Subject Matter

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)

(Case C-413/15); EU:C:2017:745; EU:C:2017:492; [2018] QB 1179; [2018] 3 WLR 285; [2018] Lloyd's Rep IR 103; [2019] RTR 11; [2017] WLR (D) 659, ECJ