How about horizontal direct effect?

Can the Treaty provision be invoked against the defendant?

  • Free movement provisions have direct effect (Treaty provisions) ➔ French Merchant Seamen, 1974
  • How about horizontal direct effect?
    • Walrave and Koch, 1974: ECJ suggested Treaty provisions had both vertical and horizontal DE, in reference to the rule on non-discrimination.
    • But subsequent cases were usually against public authorities/professional regulatory bodies. Still not really horizontal.
    • Angonese, 2000: confirmed that free movement of workers provisions have horizontal DE. Job applicants to a private bank had to provide certificate of bilingualism issued by local authority. ECJ held that prohibition of discrimination in art 45 applied to collective agreements on paid labour and contracts between indivs.
    • Manchester Taxi number vs Viking, 2007: ECJ held that art 49 could be employed against trade union association, seeming to draw analogy with professional regulatory bodies.