EU LAW

EU Law Van Gend En Loos

EU Law Van Gend En Loos

Introduction

The ruling of 5 February 1963 in the case of van Gend & Loos against Dutch Tax Administration (or simply Van Gend en Loos, Case 26/62 by the Court of Justice (or ECJ) is one of the bases of Community law and establishes the relationship between Community law and civil law. The main importance of this case in the European case is the merger of the executives predates in 1965. In essence, the Court recognizes their accession to the EEC. Member States have accepted the limitation of their sovereignty and their citizens which have the ability to rely on treaties to assert their rights before civil courts. This procedure is called as the direct effect of Community law into domestic law (Chalmers, Davies & Monti 2010, p. 52).

Facts

The company Belgian transport van Gend en Loos (built from 1999 to DHL) was responsible for cross-border transport between, the Netherlands and the FRG. In 1962, a load of urea is subject to the German, Dutch border with a new import tax of 8%. On the basis, of Article 12 of newly Treaty of Rome, states that Member States shall refrain from introducing themselves as the new customs duties to imports and exports (Holland & Webb 2010, p. 201). The charges have an equivalent effect on the company it also disputes the payment of this tax. Through a preliminary ruling, it turns ECJ to whether citizens (and businesses) can be directly affected by Community law on their national territories.

Discussion

In this case, the problem was raised of a conflict between national legislation and the provisions of the Treaty. A Dutch court referred the case to the Court that the doctrine of direct effect gave a final solution to the problem. The rights of the carrier on the basis of Community law by civil courts could instantly be guaranteed.

In that case, the Court held that provisions in the Treaty of Rome may have a direct effect if the text of a treaty article clear and unconditional. State does not need to intervene further in order to clarify the provision. If these conditions are met and to determine a direct effect, can by the citizens in a lawsuit before the civil courts are invoked and used.

The Court held further that the States new, supranational European legal systems were created by the treaty. For the Dutch situation, this statement is not unexpected, since the Dutch constitutional provision is that all the treaty provisions by working in the national legal system, also called the one-tier system is called (Chalmers, Davies & Monti 2010, p. 14). However, there are countries where this was not the case (two-tier system). With this decision, the European Treaty provisions operate in countries with a dualistic system directly into civil law.

An example is the free movement of workers, which enshrined in Article 39 of the EC Treaty. This is a clear and unconditional provision. Before the civil court may immediately enforceable by individuals that ...