Friday, May 4, 2012

Van Gend En Loos v. Nederlandse Administratie Der Belastingen case brief

Van Gend En Loos v. Nederlandse Administratie Der Belastingen
FACTS
P, Dutch importer of ureaformaldehyde objected imposition of 85 tariff on import of that product by Dutch customs authorities.
-P claimed that new tariff violated (EEC Treaty art. 12) which required member states to refrain from increasing duties on imports which they already apply in trade w/ each other.
Issue:  Whether an individual may invoke (art. 12) before national court/tribunal, and whether reclassifying the object imported at a higher customs duty constituted a violation of (art. 12).
Holding: Yes. ANALYSIS -Court says that, in ascertaining whether the provisions of the treaty has direct effect, it is necessary to consider the spirit, general scheme, and wording of the provisions.
-This treaty is more than an agreement which merely creates mutual obligations between the contracting states.
-The treaty involved establishments of institutions that were endowed with sovereign rights, the exercise of which affects States and their citizens.
-Community law not only imposes obligations on individuals but is also intended to confer upon them rights which become part of their legal heritage.
-Wording of art. 12 contains a NEGATIVE obligation (clear and unconditional prohibition) that is NOT qualified by any reservation on the part of the states which would make its implementation conditional upon a positive legislative measure enacted under international law.  (Holding:  Produces Direct Effects between states and their subjects.)
Policy: Vigilance of individuals to protect their rights amounts to an effective supervision.   RULES
The Direct Effect of Certain Treaty Provisions
-Court can decide that the language used in certain articles, parts of articles, of directives appropriately receive DIRECT EFFECT even if other parts do not.
-Provisions that are clear, precise and unconditional enough to create rights for private parties, not merely obligations for the member States.
→ Art. 249 - National authorities have the choice of form and methods by which directives are implemented.  States must adopt legal acts in order to make them effective in the national legal order.
Original Criteria for Direct Effect:  
1.  Precision.
2.  Unconditionality.
3.  Absence of member state discretion. (negative requirement “state may not...”)
4.  Absence of a need for implementing measures.

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