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cohn bendit case

European Constitutional Law Review (1)

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France. The Conseil d'Etat Abandons Its Cohn Bendit Case-Law; Conseil d'Etat, 30 October 2009, Mme Perreux
Chloé Charpy
Journal:

European Constitutional Law Review / Volume 6 / Issue 1 / February 2010

Published online by Cambridge University Press:

09 June 2010, pp. 123-136

Print publication:

February 2010
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For over 30 years the French Conseil d'Etat has maintained that it is impossible to rely on EC Directives before French administrative courts in a complaint filed against an individual administrative act. This in spite of the Court of Justice's well known case-law that directives under certain conditions can have direct effect, as was first recognized in SpA SACE v Finance Minister of the Italian Republic of 17 December 1970 and confirmed by Van Duyn v Home Office of 4 December 1974.