Case 26/62 Van Gend en Loos Overview

The primary method for national courts to seek guidance from the European Court of Justice (ECJ) on EU law interpretation or validity.

One of the core powers of the European Court of Justice (ECJ), alongside the annulment and infringement procedures.

Article 267 of the Treaty on the Functioning of the European Union (TFEU) lays out the legal foundation for the process by which national courts request guidance on EU law from the ECJ.

A key freedom that formed the backbone of the European Economic Community (EEC) and now the European Union (EU).

The ECJ's ruling in Van Gend en Loos established that EU law can directly apply within national legal systems, empowering individuals to challenge national laws that conflict with EU law.

The ECJ's ruling recognized the European Economic Community (EEC) as more than just an international agreement, establishing a distinct legal order with its own laws that have direct application within national systems.

The ECJ's approach to fundamental economic freedoms focuses on ensuring free trade within the European Union (EU) by preventing national laws that could hinder the flow of goods, services, capital, and people.

The Van Gend en Loos case established the principle of direct effect, allowing individuals to rely on EU law to challenge national laws that violate EU law.

The principle that the law of the European Union is supreme over the laws of its member states. This means that if a member state's law conflicts with EU law, EU law takes precedence.

A legal principle that prohibits member states from enacting new laws that would restrict the free movement of goods, services, persons, and capital within the European Union.

The process of classifying goods according to their characteristics for the purpose of determining the applicable customs duty.

A legal principle that states that the law of a country cannot be applied retroactively to events that occurred before the law was enacted. It is based on the premise that people should not be punished for actions that were legal at the time they were committed.

A tax levied on imported goods to protect domestic industries. This is a tool used by governments to control imports and raise revenue.

A type of custom duty that is applied to goods based on their weight, volume, or value. This is a way to ensure that goods are taxed fairly based on their value.

The term used in the case to refer to the specific chemical compound: urea formaldehyde.

The process of rearranging goods into different categories within a tariff system, potentially leading to a change in the applicable custom duty.

A legal principle that allows individuals to directly invoke a treaty provision before national courts.

The ECJ's method of interpreting the Treaty's provisions involving economic freedoms, focusing on their intended purpose and practical impact.

The ECJ's focus on the substance of economic measures, looking beyond their form to see if they actually restrict free trade.

A new legal order created by the Treaty of Rome, which forms a distinct legal order under international law.

The ECJ determined that Article 12 of the Treaty of Rome has direct effect, meaning individuals can invoke it before national courts.

The EU legal order forms a separate, distinct system, with its own rules that directly affect member states and their citizens.

The EU legal order is different from international law because it has institutions (like the Commission and ECJ) that represent more than just the Member States. It also uses qualified majority voting and can create binding laws.

The court's primary concern focuses on the impact of a measure rather than the specific method used to achieve it. Even if a higher tax doesn't directly come from raising a custom duty, it still violates EU law if it hinders free trade.

Even if the EU laws are created at the international level, they directly apply to individuals within member states. This allows individuals to challenge national laws that contradict EU law.

This principle means that the EU can create rules to regulate economic activities within member states, like trade or competition. This means national laws that hinder these activities are invalid.

A legal principle that states that international law primarily governs relations between states and not individuals.

A specific exception to the principle that international law only governs states. It recognizes the rights and obligations of individuals under international law.

The lack of direct legal effect means that an individual cannot directly invoke provisions of an international treaty in their own national court.

A specific legal procedure in the European Union where Member States can be held accountable for breaches of EU law.

The idea that provisions of an international treaty can be directly applied within the national legal orders of the signatory states.

The European Court of Justice's approach to determining if a treaty provision has direct effect. It considers the spirit, structure, and wording of the provision.

The idea that the European Economic Community (EEC) Treaty aimed to create a common market that directly affected the interests of individuals within the community.

The European Court of Justice's interpretation of the Preamble to the EEC Treaty, suggesting that the treaty not only established rights and obligations between governments but also aimed to empower individuals.

The ECJ established that clear, precise, and unconditional provisions can confer rights on individuals, allowing them to enforce those rights before national courts.

This case helped establish the direct effect of EU law, demonstrating that individuals can rely on EU provisions to challenge national laws.

Individuals can seek to enforce their rights under EU law in national courts, acting as a supplementary mechanism to the infringement procedure.

The ECJ recognized that individuals possess specific interests in protecting their rights under EU law, justifying the direct application of EU law to national courts.