The European Dimension: Primary and Secondary Texts

The European Dimension: Primary and Secondary Texts

Introduction

Freight transportation, charge of tariff and other duties that are being charged upon export and import trade transactions need to be observed and undertaken that not only make way for a better understanding and comprehension of the issues involved at hand, but also calls for the intervention of laws, rules and regulations that would monitor the performance of these companies involved at trade.

For this paper, our basic understanding and comprehension would revolve around the case VAN GEND EN LOOS (CASE 26/62) [1963] CMLR 105, which not only would help us assess the ways in which rules and regulations are being established as part of ruling that not only would make way for a better understanding and comprehension, but also called for the changes and the challenges that rise in the midst of establishing rulings against companies and organizations.

Significance of the Case

Considering the problems and the situations that have been intended altogether that comes in the midst of freight and transportation, the case laid down the first laying foundation of the European Court of Justice.

Furthermore, this case also in addition laid down the provisions and defining new guidelines for the Treaty Establishing the European Economic Community, which not only established the case as an important aspect, but also called for the changes and the challenges that would make way for a better comprehension of their rulings in front of their community's member states.

Hence, it was with this case that the notion of 'direct effect' of any rule or regulation that not only would make way for a better understanding and comprehension, but also would call for the changes and the challenges to resolve completely and in close proximity with the rules and regulations set by the state regarding any given rules or regulations that would otherwise hinder or halt financial transactions that companies may experience.

Issue

To assess the case, Van Gend en Loos was a transportation and postal company, belonging to Dutch origin, which attempted to make a transaction to import urea-formaldehyde, accelerating it from West Germany and moving it to Netherlands. The Dutch customs charged the company, in line with the tariff.

The company responded considering the fact that the tariffs were nullified, in line with Article 12, which clearly stated that:

“Member States shall refrain from introducing between themselves any new customs duties on imports and exports ...