Web-Companion Essential EU Law in Text: Suggested solutions to the exercises
Please find hereinafter the suggested solutions to the 64 exercises contained in the book "Tobler/Beglinger, Essential EU Law in Text, 5th edition, HVG-ORAC 2020, ISBN 978-963-258-490-4". To give you an idea how the exercises in the book are phrased, they have been added for the first three instances. Any comments or feedback are welcome.The nature of the EU and EU law – Exercise 3
Suggested solution:
First of all, it should be checked what the national law says about this issue. If the national law is line with the Database Directive, then the case can be dealt with simply on the basis of national law. In this context, it needs to be kept in mind that national law needs to be interpreted, so far as possible, in the light of EU law.
In the case where there is a discrepancy between the national law and the Directive, the issue of direct effect has to be checked. The case involves two individuals, namely a private company and a student, i.e. a horizontal situation. Under the Court’s case law (e.g. Faccini Dori), directives can only directly impose obligations on Member States and not on individuals. Accordingly, they are not capable of being directly effective. You will therefore tell Vermande that, in the absence of national law implementing the Database Directive, this directive will not help it in its dispute with Adam Louwerse.
[Relevant Charts: Chapter 6, in particular Charts 6/3-6/6, further Chart 6/11]
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