Bananas Ruling
-GATT incapable within Community law system of legally binding the Community institutions or having
direct effect in MS courts
-fundamental rights protected by ECJ need not be identical to the fundamental rights protected by Basic Law
RULES
-Const’l complaints and references are inadmissible if their grounds do not state that European evolution of
law has resulted in a decline below the required standard of human rights they must state in detail
that the protection of fund’l rights required unconditionally in the respective case not generally ensured
tried to argue that Brunner must have been cutting back on Solange II
ANALYSIS
Brunner simply saying that if something goes beyond the bound of what was transferred to EU, then it
won’t be binding law in Germany, but something that is within the scope of EU will not be reviewed by
the German Constitutional Court (under Solange II)
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