The ‘horizontal direct effect’ of EU international agreements: is the court avoiding a clear answer?

Gáspár-Szilágyi, Szilárd ORCID: https://orcid.org/0000-0001-7204-406X 2015. The ‘horizontal direct effect’ of EU international agreements: is the court avoiding a clear answer? Legal Issues of Economic Integration 42 (2) , 93–118. 10.54648/leie2015007

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Abstract

This article looks at a less discussed topic in European legal scholarship: the horizontal direct effect of EU international agreements and the Court of Justice's apparent reluctance to expressly confirm it. It is argued that the direct effect of EU international agreements has been confirmed in proceedings involving private individuals/professionals against the private regulatory bodies of a profession or a State-owned and controlled entity. However, direct effect has not yet been expressly confirmed in cases involving veritable horizontal relationships, between private parties of equal positions and with equal functions. Whilst, the choice for this reluctance was understandable three decades ago, the time feels right to expressly acknowledge it and keep up with international trends.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Schools > Cardiff Law & Politics
Publisher:	Kluwer Law International
ISSN:	1566-6573
Last Modified:	20 Jan 2026 13:30
URI:	https://orca.cardiff.ac.uk/id/eprint/183508

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