Farrell v Whitty
The criteria in Foster v British Gas are not cumulative, so a body may be an emanation of the state if it has special powers given by the state, even if it is not under state control.
Facts
Ms Farrell was seriously injured in a road accident in Ireland while travelling in a part of a van that was not designed for passengers. The driver was uninsured, and the Motor Insurers' Bureau of Ireland, a private company set up by insurers under an agreement with the state to compensate victims of uninsured drivers, refused to compensate her, because Irish law did not require insurance for passengers in such parts of a vehicle. This was contrary to an EU motor insurance directive. The question was whether she could rely on the directive against the Bureau.
Legal principle
The Court of Justice held that the directive could be relied on against the Bureau. The criteria in Foster v British Gas are not conjunctive, so a body may be an emanation of the state either because it is subject to the authority or control of the state, or because it has been given special powers by the state for the performance of a task in the public interest. The Bureau had been given that task by the state, and it had special powers, such as the right to require insurers to be members, so it was an emanation of the state.
Related cases on direct effect of directives
- Becker v Finanzamt Münster-Innenstadt Case 8/81, [1982] ECR 53
- CIA Security International SA v Signalson SA Case C-194/94, [1996] ECR I-2201
- Dansk Industri (DI), acting on behalf of Ajos A/S v Estate of Karsten Eigil Rasmussen Case C-441/14, EU:C:2016:278
- Egenberger v Evangelisches Werk für Diakonie und Entwicklung eV Case C-414/16, EU:C:2018:257
- Faccini Dori v Recreb Srl Case C-91/92, [1994] ECR I-3325
- Foster v British Gas plc Case C-188/89, [1990] ECR I-3313
- Fratelli Costanzo SpA v Comune di Milano Case 103/88, [1989] ECR 1839
- Johnston v Chief Constable of the Royal Ulster Constabulary Case 222/84, [1986] ECR 1651
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