The Law of European Institutions Task 1

What was the customs rate on ureaformaldehyde on January 1, 1958 versus March 1960 (Tariefbesluit)?

3% in 1958; reclassified to 8% in 1960

What does the Article 12 EEC standstill obligation state?

Member States must refrain from introducing new customs duties or increasing existing ones in mutual trade.

Why did the local Dutch customs inspector reject Van Gend & Loos’s initial objection in 1961?

On procedural grounds: the company challenged the tariff rate itself, not its calculation.

What defense did the Dutch tax authority present to the Tariefcommissie regarding the 8% duty?

The chemical was an adhesive taxed at 10% in 1958, making 8% an overall reduction.

How did Van Gend & Loos rebut the Dutch tax authority's adhesive classification?

The product was raw material, not an adhesive, so the 3% rate applied.

Why did the Dutch government argue the ECJ lacked jurisdiction under Article 177?

Only the Commission or States can sue under Arts. 169/170; individuals cannot bypass this via preliminary references.

What was Belgium’s objection to the admissibility of the referral?

It was a domestic constitutional clash between two Dutch laws that the ECJ had no power to resolve.

What was Germany’s dualist argument against direct application of Article 12?

Treaties bind states internationally; domestic customs law applies, and subsequent conflicting national statutes remain valid.

How did the EEC Commission justify ECJ jurisdiction in Van Gend en Loos?

Treaty effects on national law must be settled by EU law, not individual national constitutions.

How did the Court resolve the jurisdiction/admissibility challenge in Van Gend en Loos?

It confirmed jurisdiction: Art. 177 allows Treaty interpretation without deciding domestic law or local facts.

How did the Court define the EEC in its famous "New Legal Order" statement?

new legal order of international law where States have limited their sovereign rights, governing both States and nationals.

What are the three core criteria for a Treaty provision to have direct effect?

Clear, precise, and unconditional

In what two ways can an illegal tariff increase occur under Article 12 EEC?

direct percentage rate hike or tariff reclassification into a higher-rate category

What was the final ruling on Question 1 in Van Gend en Loos?

Article 12 EEC has direct effect and creates individual rights that national courts must safeguard.

What Italian law triggered Costa v ENEL, and what did it do?

Law No. 1643 of Dec 6, 1962: nationalized the electricity sector and created ENEL.

What four substantive EEC Treaty articles did Costa argue were breached?

Articles 102 (distortions), 93 (state aids), 53 (establishment), and 37 (state monopolies).

What did the Italian Constitutional Court decide on March 7, 1964, before the ECJ ruled?

The 1962 nationalization law superseded the 1957 Treaty act under lex posterior (later law overrides earlier law)

Why did the Italian Government and ENEL argue the referral was "absolutely inadmissible"?

The national judge was asking the Court to evaluate domestic law, bypassing Articles 169/170

hy does the principle of lex posterior NOT apply to EU law according to the ECJ?

Community law cannot vary between States; subsequent unilateral national statutes cannot override an autonomous Union legal order.

What did the Court hold regarding the direct effect of Article 102 EEC (distortions)?

No direct effect; it creates a purely procedural obligation on Member States to consult the Commission.

What did the Court hold regarding the direct effect of Article 93 EEC (state aid)?

No direct effect; it is an intergovernmental notification mechanism that individuals cannot invoke in court.

Does Article 53 EEC (Right of Establishment) have direct effect, and was it breached by ENEL?

Yes, it has direct effect, but was not breached because nationalization applied equally to nationals and foreigners.

What did the Court decide regarding Article 37 EEC (state commercial monopolies)?

It has direct effect; the national court must determine if ENEL caused actual cross-border trade discrimination.

What was the overall outcome for Mr. Costa?

He established the constitutional principle of EU supremacy, but lost on his substantive challenges against ENEL.

Why did the Court articulate direct effect and supremacy so early in EEC history?

To prevent market fragmentation under national dualist rules and bypass slow, diplomatic infringement enforcement.

What does "vigilance of individuals" mean in the enforcement of EU law?

Private citizens and businesses enforcing their EU rights in local courts act as decentralized compliance monitors.

Why is Supremacy (Costa) considered the essential twin doctrine to Direct Effect (Van Gend)?

Direct rights are meaningless if a Member State can nullify them simply by passing a new domestic law.

What role do national judges play under the doctrines of Direct Effect and Supremacy?

They serve as ordinary EU judges, bound to enforce Union rights and set aside conflicting domestic laws.

What does "dualist or monist doesn't matter, EU law prevails" mean?

EU law has unconditional primacy across all Member States, regardless of how their domestic constitutions receive international law.