The Gazette 1985

GAZETTE

APRIL 1985

We show

a greater interest

on other

people's money.

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

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.

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

(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,

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

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