The Gazette 1985

GAZETTE

APRIL 1985

We show a greater interest on other people's money.

accept cl ients' f unds on deposit. We have long experience dealing wi th Solicitors and provide the perfect service in terms of accept ing depos i ts on demand suppo r t ed by the best market deposit rates. Phone us now for a quote.

City of Dubl in Bank PLC. is a publ ic l imi ted company, quoted on The Stock Exchange - Irish. It is a b a nk licensed by the Cen t r al Bank of Ireland and depos i ts placed wi th us have Trus t ee S t a t us. We are also an Approved Bank by the Incorpora t ed Law Society to

C n Y o f P U B UNQB ANK 2 Lower Merrion Street, Dublin 2. Phone 760141 763225.

become vested in individuals under the doctrine of direct effects. The European Court made it clear in the Simmenthal No. 2 Case 10 (considered in Part I) that national courts have an obligation, within the limits of their jurisdiction, to give full effect to provisions of Community law in any actions brought before them. Difficult questions as to what may be the appropriate tribunal or court, and what rules of procedure are to be applied are also a matter for the national system to determine. An obvious problem which stems from the reliance on national rules of procedure for the enforcement of Community law is that these rules will not be uniform, and this could result in inequality or unfairness to the individual seeking to assert such rights. In some cases, the necessity to rely on national rules of procedure may affect the scope of the remedy which can be obtained by an

individual or company in a particular Member State. It may also affect the question of whether interest would be payable on a claim for reimbursement or payment of moneys due under Community law. This issue was considered by the European Court in the Express Dairy case, 11 where that company sought reimbursement of payments by way of MCA's which it had made to the U.K. Intervention Board, and which were subsequently held to be invalid by the European Court. The English High Court had asked the European Court whether interest was payable on the reimbursement, and if so from what date and at what rate. The Court held that it was for the national authorities to determine questions such as the payment of interest by applying their domestic rules regarding the rate of interest and the date from which interest must be calculated. Another significant area of national enforcement of 163