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Jun 29, 2023 · Legal Principles and Key Points. In the case of Case C-413/15 Elaine Farrell Judgment of 10 October 2017, the uncertainty as to what constitutes as an ‘emanation of the State’ was clarified.
Oct 10, 2017 · Key point. Conditions for emanations of state are alternative not cumulative. Facts. Council directives required member states to enact measures to provide compensation to vehicular insurance holders for damage by uninsured and unidentified drivers.
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State’ constitutes a major importance for the purposes of applying the doctrine of direct effect of directives. After many years of uncertainty in the CJEU case law, on 10 October 2017 in Farrell 2 5 ruling the Court has finally clarified on what exactly constitutes an ‘emanation of the State’.
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In the recent Farrell 2 judgement, the Court has clarified the concept of an ‘emanation of the State’ which is crucial for the purposes of applying vertical direct effect. The aim of this ...
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Since relations between the State and public undertakings are necessarily close, there is a real risk that State aid may be granted through the intermediary of those undertakings in a non-transparent manner and in breach of the rules on State aid laid down by the Treaty.