Part II European Law: Enforcement

6. (Legal) Primacy  

Cases

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  • Case 6/64 Costa v ENEL
    In Case 6/64 Reference to the Court under [Article 267 TFEU] by the Giudice Conciliatore, Milan, for a preliminary ruling in the action pending before that court between FLAMINIO COSTA and ENEL (Ente Nazionale Energia Elettrica (National Electricity Board), formerly the Edison Volta undertaking) on the interpretation of [Articles 117, 108 TFEU], Articles 53 of…Case 6/64 Costa v ENEL
  • Case 6/64 Costa v ENEL
    Case 6/64 Costa v ENEL [1964] Facts: The applicant had to settle an invoice for electricity with ENEL, the state electricity company. He claimed that the law nationalising the electricity sector contradicted EU law. Held: EU law had created its own legal system which, on the entry into force of the Treaty, became an integral…Short summary
  • Case 11/70 Internationale Handelsgesellschaft
    In Case 11/70 Reference to the Court under [Article 267 TFEU] by the Verwaltungsgericht (Administrative Court) Frankfurt-am-Main, for a preliminary ruling in the case pending before that court between INTERNATIONALE HANDELSGESELLSCHAFT MBH, the registered office of which is at Frankfurt-am-Main, and EINFUHR- UND VORRATSSTELLE FUR GETREIDE UND FUTTERMITTEL, Frankfurt-am­Main, on the validity of the third…Case 11/70 Internationale Handelsgesellschaft
  • Case 11/70 Internationale Handelsgesellschaft
    Case 11/70 Internationale Handelsgesellschaft [1970] Facts: An EU regulation provided for a system of deposits, which the applicant considered to be against national constitutional law. It was argued that this system was contrary to freedom of action and disposition and proportionality. Held: The system of deposits did not violate any fundamental rights. It would not…Short summary
  • Case 106/77 Simmenthal II
    In Case 106/77 REFERENCE to the Court under [Article 267 TFEU] by the Pretore di Susa (Italy) for a preliminary ruling in the action pending before that Court between AMMINISTRAZIONE DELLE FINANZE DELLO STATO (Italian Finance Administration) and SIMMENTHAL S.PA., having its registered office at Monza, on the interpretation of [Article 288 TFEU] and, in…Case 106/77 Simmenthal II
  • Case 106/77 Simmenthal
    Case 106/77 Simmenthal [1978] Facts: The respondent company claimed within national courts that veterinary fees levied on imports of beef at the border were incompatible with (prior) Community law. Held: [Preliminary Reference] that these charges were incompatible with EU law, and that the ECJ, preliminary reference: Such charges were indeed contrary to the Treaty. The…Short summary
  • Case C-10-22/97 INCOGE’90
    JUDGMENT OF THE COURT 22 October 1998 In Joined Cases C-10/97 to C-22/97, REFERENCES to the Court under [Article 267 TFEU] by the Pretura Circondariale di Roma (Italy) for a preliminary ruling in the proceedings pending before that court between Ministero delle Finanze and IN. CO. GE.'90 Srl (C-10/97), Idelgard Srl (C-11/97), Iris'90 Srl (C-12/97),…Case C-10-22/97 INCOGE’90
  • Cases C-10-22/97 Ministero delle Finanze v IN.CO.GE ’90
    Cases C-10-22/97 Ministero delle Finanze v IN.CO.GE ’90 [1998] Facts: Companies objected against a national charge for registering companies. They secured an injunction for repayment of that national charge, but national authorities objected that the court lacked jurisdiction on matters relating to taxation. Held: The incompatibility of EU law with a subsequently adopted rule of…Short summary
  • Case C-144/04 Mangold
    JUDGMENT OF THE COURT (Grand Chamber) 22 November 2005 (Directive 1999/70/EC – Clauses 2, 5 and 8 of the Framework Agreement on fixed-term work – Directive 2000/78/EC – Article 6 – Equal treatment as regards employment and occupation – Age discrimination) In Case C-144/04, REFERENCE for a preliminary ruling under [Article 267 TFEU] from the…Case C-144/04 Mangold
  • Case C-144/04 Mangold v Helm
    Case C-144/04 Mangold v Rudiger Helm [2005] ECR I-9981 Facts: Prior to the implementation of the Fixed-Terms Contracts Directive, German law imposed fixedterm contracts of employment to conditions of objective justification or renewal periods which it did not impose on contracts of employees over the age of 60. The German law implementing this Directive reduced…Short summary