BPP University College Of Professional Studies Limited (BPP)
EU Law
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Summary Direct Effect EU Law - details chart (Part 1) Van Gend en Loos
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EU Law
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BPP University College Of Professional Studies Limited (BPP)
This chart provides a clear overview of the workings of Direct Effect as an enforcement of EU Law. This is part one of two and focuses on Van Gend en Loos. This was designed for use during MCQ and open book exams and as a revision tool.
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BPP University College Of Professional Studies Limited (BPP)
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EU Law
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Direct Effect
Van Gend en VGEL: preliminary
Direct Effect VGEL: Judgment VGEL: Judgment
Loos: Facts reference
One of three methods COJ: Art 12 EEC did create a
developed by the court of VGDL was a transport At the time (1963) general right which national courts had
to protect. Art 12. Implicitly created such
justice to enable EU law to be compnay importing urea principle of public a rught and that national
enforced in national courts formaldahyde from West international law = courts had to protect that
(other two are Indirect effect Germany into the NL. international treaties were right.
and State liability) considered essentially
agreements between states Article was ideally suited to
that structured relation having direct effect.
ships between them. Reasoning:
An EU legal measure has direct The NLs imposed a customs Treaties were only considered EEC treaty is more than an
effect where it confers duty on the importation of to grant rights to ind. which agreement between member
immediate right son Urea formaldahyde. The rate could be enforced in nat. states. It constituted a NEW
individuals which national od the customs duty had been courts if the treaties LEGAL ORDER of international Classic example of COJ taking
courts must enforce. increased from 3% to 8% themselves provided for this. law for the benefit of which a teleological based purposive
Nothing in EEC treaty member states had limited approach, which has become
provided specifically for their soveriegn rights. characteristic of its
individuals or companties to The subjects of this legal jurisprudence.
be entitled to rights under order comprised not only the
that treaty that could be member states themselves
Directly enforced in national enforced in the national but also their nationals.
VGDL sought to challenge the
courts . courts. Treaty not only imposed
increase in Dutch customs
court. It did so by relying on obligations on individuals but In the judgment court
Art. 12 of EEC treaty, which also granted them rights. explicitly declared that iwas
prohibited increase in considering its spirit and
Some raights were granted
customs duties. general scheme (as well as
expressly by provisions in the wording)
VGDL argued that they had a treaty. However they were
In this context an EU legal Dutch court therefore made a also granted implicitly.
right under art.12 not to have
measure refers to an EU to pay increases in customs preliminary reference to
treaty, secondary legislation or Granted implicitly as a result
duties which Dutch court had Court of Justice: of clearly defined obligations
other legally binding act of the to enforce.
EU. Whether nationals of...a state imposed on member states Sought to justify intepretation
can, on the basis of Art. 12, and others by the treaty. on the basis of how giving
lay claim to individual courts direct effect to Art. 12 served
which the national courts the effectiveness of EU law.
must protect'.'' not only by ensuring that
individuals could protect their
rights but also by aiding the
DIrect effect first established effective enforcement of EU
by Court of Justice in van law.
Gend en Loos 1963 ensuring effectiveness of EU
(considered to be one of the law feature of subsequent
most important decisions of jurisprudence.
COJ in history of EU law.
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