Indirect Effect of EU Law: From Von Colson to Marleasing, Scope and Limits, and Application by National Courts

Published by a LexisNexis EU Law expert

Practice notes

What is indirect effect of EU law?

The doctrine of indirect effect, also called consistent interpretation, imposes on national courts, as organs of the Member State charged with fulfilling EU commitments, a responsibility to construe domestic legislation in the light of EU law, in particular Directives. Through careful judicial reading of applicable national rules it indirectly secures the outcome that direct effect of Directives would deliver where that route is unavailable. The Court of Justice articulated the principle in Von Colson and enlarged its reach in Marleasing. It likewise functions to help to offset, at least to a degree, the adverse legal consequences of the refusal to acknowledge horizontal direct effect of Directives. For further background, consult Practice Note: Direct effect of EU law. Von Colson concerned a request for a preliminary ruling on the interpretation of Directive 76/207/EEC on giving practical effect to the principle of equal treatment for men and women regarding access to employment, vocational training and promotion, and working conditions. The underlying national dispute involved alleged sex discrimination encountered by qualified social workers in obtaining employment in a German prison. Under the relevant German legislation (implementing the Directive in question), in the event of discrimination in...

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Laura Bolado

Laura worked in EU law for over two decades making it one her main area of expertise. In 2002 she worked for the European Commission (Brussels) and relocated to London in 2003 to work for the European Medicines Agency. There she gained first-hand experience on the functioning of the EU which she later applied in legal roles at pharmaceutical companies and law firms before turning to a more generalist approach to EU law at LexisNexis. At LexisNexis she helped develop and maintain EU Tracker (writing on the implementation of EU Directives in different EU jurisdictions, etc.) and assisted various departments with EU law matters in her EU Law Specialist capacity. Laura also delivered EU law training to several interns and legal professionals. Laura left LexisNexis in late 2013 to explore her options in different environments. In 2014 Laura lectured EU law at...

Web page updated on 21/05/2026

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