Press Release: Advocate General’s Opinion in Case C-413/15. Elaine Farrell v Alan Whitty, The Minister for the Environment, Ireland and the Attorney General, Motor Insurers Bureau of Ireland (MIBI)

Advocate General Sharpston clarifies the criteria for determining what is an ‘emanation of the State’ for the purposes of establishing the bodies against which an individual may bring a claim based on rights under an EU directive which has not been transposed correctly into national law.

The concept of an ‘emanation of the State’ must be construed purposively. It is not essential that such a body should possess ‘special powers’ in every case.

Note that the subsequent judgement of the European Court of Justice in this case was given on the 10 October 2017.

• Primary Source

Blog: EU Law Analysis, 10.10.17: Daddy’s gonna pay for your crashed car? The ECJ clarifies the vertical direct effect of Directives http://eulawanalysis.blogspot.co.uk/2017/10/daddys-gonna-pay-for-your-crashed-car.html

ECJ: Information associated with ECJ Case C-413/15 http://curia.europa.eu/juris/liste.jsf?language=en&num=C-413/15

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