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Questions and Answers
According to the judgement in the Van Gend en Loos case, what did the CJEU state about the nature of direct effect of community law?
According to the judgement in the Van Gend en Loos case, what did the CJEU state about the nature of direct effect of community law?
In the Van Gend en Loos case, what did the Dutch importers challenge?
In the Van Gend en Loos case, what did the Dutch importers challenge?
What did the CJEU state about the subjects of the new legal order created by the community?
What did the CJEU state about the subjects of the new legal order created by the community?
What did the Dutch court make a preliminary referral to the CJEU about in the Van Gend en Loos case?
What did the Dutch court make a preliminary referral to the CJEU about in the Van Gend en Loos case?
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According to the judgement in the Van Gend en Loos case, what does community law impose on individuals?
According to the judgement in the Van Gend en Loos case, what does community law impose on individuals?
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Study Notes
Van Gend en Loos Case: Direct Effect of Community Law
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The European Court of Justice (CJEU) established that Community law could have direct effect, meaning individuals could rely on it directly before national courts.
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Dutch importers challenged a tariff increase imposed by the Dutch government, arguing it violated Article 12 of the EEC Treaty (now Article 30 TFEU), which prohibits discriminatory customs duties.
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The CJEU declared that Community law establishes a new legal order for the benefit of which the states have limited their sovereign rights. Individuals benefit from this new legal order and can invoke directly before national courts the provisions of the treaty.
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The Dutch court referred a preliminary question to the CJEU concerning the interpretation of Article 12 EEC and its direct applicability. This decision is crucial in establishing the process of judicial cooperation between national courts and the CJEU.
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Community law imposes obligations on individuals, and, conversely, it grants them rights. The direct effect doctrine underlines that individuals can assert these rights before national courts.
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Description
Test your knowledge of European Union law with this quiz on the Van Gend en Loos case. Explore the facts and legal principles surrounding the reclassification of import duties and the applicability of Article 12 of the Treaty of Rome (now Article 30 TFEU). See how well you understand the case's significance in allowing individuals to rely on EU law in domestic courts.