Saturday, May 5, 2012

Amministrazione Delle Finanze Dello Stato v. Simmenthal SpA case brief

Amministrazione Delle Finanze Dello Stato v. Simmenthal SpA

-Charges were imposed on importer from France to Italy (veterinary and public health inspection).
-Italian court ordered Italian Finance Ministry to repay charges with interest.  Ministry appealed, stating: national court could not, under longstanding Italian constitutional procedure, treat an Italian statute as invalid and refuse to apply it, on account of its conflict with a higher norm.

-Did charges violate principle of free movement of goods (TFEU 34)? 

-Direct applicability means that rules of Community law must be fully and uniformly applied in all Member States from the date of their entry into force and for so long as they continue in force. -Provisions are a direct source of rights and duties for those affected thereby, whether individuals or Member States, who are parties to legal relationships under Community law.
-A national court which is called upon, within the limits of its jurisdiction, to apply provisions of Community law is under a duty to give full effect of those provisions, if necessary refusing its own motion to apply any conflicting provision of national legislation.

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