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Judgment of the Court, Van Gend & Loos, Case 26_62 (5 February 1963)
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Judgment of the Court, Van Gend & Loos, Case 26_62 (5 February 1963)

The Van Gend & Loos judgment is one of the most important judgments in the development of the Community legal order. The European Court of Justice specifies that the Community constitutes a new legal order of international law for the benefit of which the States have limited their sovereign rights and the subjects of which comprise not only Member States but also their nationals. The Court concludes from this a fundamental principle: that of the direct effect of Community law.

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Title Judgment of the Court, Van Gend & Loos, Case 26_62 (5 February 1963)
Document type Text
Source Court of Justice of the European Communities (CJEC), Judgment of 5 February 1963, N. V. Algemene Transport- en Expeditie Onderneming van Gend & Loos/Nederlandse administratie der belastingen (Netherlands Inland Revenue Administration), Case 26/62, in Reports of Cases before the Court. 1963, p. 1.
Keywords Community legal system, direct effect, judgment of the EC Court
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Caption The Van Gend & Loos judgment is one of the most important judgments in the development of the Community legal order. The European Court of Justice specifies that the Community constitutes a new legal order of international law for the benefit of which the States have limited their sovereign rights and the subjects of which comprise not only Member States but also their nationals. The Court concludes from this a fundamental principle: that of the direct effect of Community law.
Location in the digital library RESEARCH AND TEACHING >> University education >> EU Constitutional Law (Prof. Herwig Hofmann, University of Luxembourg, 2nd edition, 2010) >> IX. The supremacy and direct effect of EU law
RESEARCH AND TEACHING >> University education >> EU Constitutional Law (Prof. Herwig Hofmann, University of Luxembourg, 2nd edition, 2010) >> III. The sources of EU law
EUROPEAN ORGANISATIONS >> European Union >> The EU institutions >> Court of Justice >> Powers >> Case-law
Document extract Judgment of the Court of 5 February 1963  1 Reference for a preliminary ruling under Article 177 of the EEC Treaty made by the Tariefcommissie, Amsterdam, on 16 August 1962 in the proceedings between N. V. Algemene Transport- en Expeditie Onderneming Van Gend & Loos and Nederlandse administratie der belastingen (Netherlands Inland Revenue Administration)  2 Case 26-62 Summary 1. Procedure — Preliminary ruling — Jurisdiction of the Court — Foundation — Interpretation of the Treaty (EEC Treaty, subparagraph (a) of the first paragraph of Article 177) 2. Procedure — Preliminary ruling — Question — Choice — Relevance (EEC Treaty, subparagraph (a) of the first paragraph of Article 177) 3. EEC Community — Nature — Subjects having rights and obligations — Individuals 4. Member States of the EEC — Obligations — Failure to fulfil obligation — National courts or tribunals — Rights of individuals (EEC Treaty, Articles 169, 170) 5. Customs duties — Increase — Prohibition — Dir (...) Read more in ENA
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ENA is the first digital library documenting the history of European integration. It is freely available online and provides access to a wealth of multimedia, multilingual and multisource material that will help you learn more about the history of Europe from 1945 to the present day. ENA is developed by the Centre Virtuel de la Connaissance sur l'Europe (Virtual Resource Centre for Knowledge about Europe — CVCE).