Friday, March 23, 2012

Costa v. ENEL case brief

Costa v. ENEL

FACTS
Challenged nationalization of electricity industry into ENEL requirement of notifying Comm’n of nationalization binds them as states but does not confer individual rights.
-Requirement to adjust state monopolies and ensure no discrimination in conditions under which goods
procured and marketed, as well as prohibition from new measures contrary to that dual obligation, one passive one active absolute prohibition, not accompanied by any reservation which might make implementation necessary can produce direct effects.

RULES
It follows from all these observations that the law stemming from the treaty, an independent source of law, could not, because of its special and original nature, be overridden by domestic legal provisions, however framed, without being deprived of its character as community law and without the legal basis of the community itself being called into question.

CONCLUSION
Established the supremacy of European Union law over the laws of its member states.

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