Relationship of international law and municipal law — Treaties — Effect in municipal law — European Economic Community Treaty, 1957 — Article 12 — Direct effect — Whether Treaty conferring rights on individuals — Whether rights of individuals can be protected in national courts — Supremacy of Community law over conflicting national legislation — New legal order — Member States relinquishing sovereign rights in limited spheres

Economics, trade and finance — European Communities — Customs duties — Interpretation of Article 12 of EEC Treaty, 1957 — Increase in duty after entry into force of EEC Treaty, due to reclassification of product — Whether illegal increase contravening Article 12

International organizations — Whether EEC an international organization — EEC Treaty, 1957, founding Community — Aim of Treaty to create common market — Citizens of Member States intended to benefit from creation of common market — Individuals also intended to benefit from legal rights inherited from EEC Treaty, 1957

International tribunals — Court of Justice of the European Communities — Jurisdiction to interpret EEC Treaty, 1957 — Netherlands administrative tribunal asking Court of Justice to interpret Article 12 — Whether within jurisdiction of Court of Justice of the European Communities

Treaties — Effect in municipal law — Enforcement by municipal courts — EEC Treaty, 1957 — Whether conferring rights upon individuals — The law of the European Economic Community

Relationship of international law and municipal law — Treaties — Effect in municipal law — European Economic Community Treaty, 1957, distinguished from ordinary international treaty — Partial transfer of sovereignty from Member States to Community — New legal order created by EEC Treaty — Supremacy of Community law over conflicting municipal law — Individuals benefitting from legal rights derived from EEC Treaty

Treaties — Effect in municipal law — Enforcement by municipal courts — Provisions of EEC Treaty, 1957 — Articles 102, 93, 53 and 37 — Whether direct effect — Whether conferring rights upon individuals — Whether rights of individuals can be protected in national courts

International tribunals — Duty to refer under Article 177(3) of EEC Treaty, 1957 — Court of Justice of the European Communities — Jurisdiction to interpret EEC Treaty, 1957 — Subordinate Italian court asking Court of Justice to interpret articles of EEC Treaty, 1957 — Whether within jurisdiction of Court of Justice — The law of the European Economic Community

Relationship of international law and municipal law — Treaties — Effect in municipal law — European Economic Community Treaty, 1957 — Whether creating new legal order — Automatic incorporation of EEC provisions into national law — Direct applicability — Inconsistent national legislation — Supremacy of Community law — Conflict between EEC Treaty and subsequent national law — Whether national law a defence to breach of Community law — Whether duty of national court to give precedence to Community law — Whether national judge to wait for conflicting national legislation to be set aside by Constitutional Court — Conditions for recognition of national measures by the Court of Justice

Treaties — EEC Treaty, 1957 — Effect in municipal law — Whether that of ordinary international agreement — Direct applicability — Automatic incorporation of EEC provisions into national law — Subsequent inconsistent national legislation — Whether overriding directly applicable EEC provisions — Whether duty of national court to comply with municipal legislation — Whether national court must wait for EEC provision to be set aside by higher national court — The law of the European Economic Community

Treaties — Effect in municipal law — Agreements between the European Economic Community and third States — Direct effect of provisions — Conditions — EEC-Portugal Free Trade Agreement, 1972 — Article 21(2) — Whether containing unconditional and precise obligation — Whether creating directly enforceable rights for individuals

Treaties — Principles and rules of interpretation — Requirement of uniform application by contracting parties — Free trade agreements between EEC and third States — Role of Court of Justice of the European Communities in interpreting agreements so as to ensure uniform application — Object and purpose of such agreements — Comparison with analogous provisions of EEC Treaty, 1957 — Whether legitimate method of interpretation where objectives of treaties are different

Treaties — Application — Obligation of good faith performance — Requirement of reciprocity — Duty of parties to take appropriate measures for full execution of their commitments — Failure of courts of one party to recognize direct effect of some provisions of Agreement when such recognition is given by courts of other party — Whether constituting lack of reciprocity — Establishment of special institutional framework for implementation of Agreement — Whether excluding judicial interpretation and application

Relationship of international law and municipal law — Treaties — Agreement between EEC and non-member State — Effects in law of Member States of EEC

International organizations — EEC — Institutions — Powers — Treaty-making power — Agreements concluded by Community institutions with third States — Scope of obligation of Member States to enforce such agreements — Court of Justice of the European Communities — Interpretation of agreements — Role of Court of Justice in ensuring uniform application of agreements throughout the Community

Economics, trade and finance — Taxation — Trade between European Community and third States — Free trade agreements — Rule against tax discrimination in respect of imported products — Conditions for discrimination — Similar national products actually enjoying tax benefit — Definition of similar products — The law of the European Economic Community

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Directives — Direct effect — Conditions — Failure of Member State to implement provisions of directive by specified time — Whether directive may be relied upon by individuals before municipal courts

International organizations — EEC — Powers — Legislation — Directives enacted by Council — Direct effect — Directive conferring margin of discretion on Member States — Individual provisions imposing precise obligation and capable of having direct effect — Whether severable from other provisions of directive

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Article 189 — Directives — Whether capable of conferring rights on individuals

Economics, trade and finance — Taxation — Value added tax (“VAT”) — Harmonization — Sixth EEC Council Directive 77/388 — Exemptions conferred by directive — Implementation in Member States — Failure of Member State to comply with obligations — Whether individuals may invoke exemptions under directive in case of non-implementation — The law of the European Economic Community

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Directives — Direct effect — Conditions — Failure of Member State to implement provisions of directive by specified time — Whether directive may be relied upon by individuals before municipal courts — Whether provisions sufficiently unconditional and precise — Margin of discretion left to Member States — Provisions involving choice from range of options — Whether “minimum obligation” incumbent upon Member States can be adequately defined

International organizations — EEC — Powers — Legislation — Directives enacted by Council — Direct effect — Directive conferring margin of discretion on Member States — Non-implementation within prescribed period — Directive requiring Member States to establish social benefit — Institution liable to provide benefit not identified — Whether directive can be relied upon by individuals to enforce payment against Member State in national courts — Option for Member States to set ceiling on amount of liability in accordance with social objective of directive — Whether such option can be relied upon by Member State to defeat direct effect of directive

International organizations — EEC — Liability of Member States — EEC Treaty, 1957 — Breach of Community law for which Member State responsible — Principle of State liability for harm caused to individuals by such breach — Whether inherent in treaty system — Conditions for State liability — Absence of Community legislation — Whether claim for compensation can be brought by individuals against State before national courts — Applicability of national rules on liability — Requirement that conditions should be no less favourable than those applicable to similar internal claims — Requirement that it should not be excessively difficult to obtain compensation

Relationship of international law and muncipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Article 189 — Directives — Whether capable of conferring rights on individuals

State responsibility — Responsibility based on fault — Breach of European Community law for which Member State responsible — Liability of State to pay compensation when non-compliance with Community norm causes harm to individuals — Principle of such liability — Conditions — Whether governed by Community or national law — The law of the European Economic Community

Treaties — Effect in municipal law — Priority of treaty provisions over conflicting provisions of municipal law — EEC Treaty, 1957, Article 12 — Ban on introduction of import duties or equivalent taxes — Primacy of EEC law over subsequently enacted conflicting municipal law

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty

Economics, trade and finance — Taxation — EEC Treaty, 1957, Article 12 — Rule banning new import duties or equivalent taxes — Legality of tax on imported milk products — The law of Belgium

Treaties — Conclusion and operation — Constitutional limitations — Treaty of Accession to EEC, 1972 — Procedure for ratification by Denmark — Parliamentary legislation — Action brought by private individual challenging constitutionality of ratification procedure — Enabling legislation not yet enacted by Parliament — Whether justiciable question — The law of Denmark

Treaties — Effect in municipal law — EEC Treaty, 1957 — French Constitution, Article 55 — Legislation enacted by EEC institutions — Status under municipal law — Decisions and regulations — Primacy over conflicting provisions of earlier municipal law

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Supremacy over national law

International organizations — Legal status — Powers — European Economic Community — Regulations enacted by EEC institutions — Whether taking precedence over municipal law — The law of France

Treaties — Effect in municipal law — Priority of treaty provisions over conflicting provisions of subsequently enacted municipal law — EEC Treaty 1957, Article 95 — French Constitution, Article 55

Treaties — Application — Constitutional limitations — Requirement of reciprocity — French Constitution, Article 55 — EEC Treaty, 1957

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty

Economics, trade and finance — Taxation — EEC Treaty, 1957, Article 95 — Rule banning discriminatory internal taxation — Legality of higher internal consumption tax on imported coffee products — The law of France

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Directives — Article 189(3) of Treaty — Interpretation — Whether directives capable of having direct effect in municipal legal order

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Article 189(3) — Effect of directives enacted by Council of Ministers — Whether capable of creating rights directly enforceable by individuals in municipal legal order

International organizations — Legal status — Powers — EEC — Institutions — Court of Justice — Effect of decisions in municipal legal orders of Member States

Aliens — Deportation — For political activity — National of EEC Member State — The law of France

Treaties — Effect in municipal law — Priority of treaty provisions over conflicting provisions of municipal law — EEC Treaty, 1957, Article 227(1) — Primacy of EEC law over municipal law — Whether enforceable in administrative courts

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Priority of treaty provisions over conflicting municipal law

International organizations — Legal status — EEC — European Parliament — Elections — Eligibility of French citizens of overseas territories to participate — French Law concerning Elections, 1977 — Compatibility with EEC Treaty — Whether subject to review by administrative courts

International organizations — Legal status — EEC — Territorial extent — Whether EEC Treaty applicable to citizens of French overseas territories — Article 227 of Treaty — The law of France

Treaties — Effect in municipal law — Priority of treaty provisions over conflicting provisions of municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Directives — Conflict between provisions of directive and subsequently enacted municipal law — Whether national legislation incompatible with the requirements of a Community directive must be declared inapplicable by municipal administrative courts

Relationship of international law and municipal law — Treaties — EEC Treaty, 1957 — EEC legislation — Directives — Effect in municipal legal order — French Constitution, Article 55 — Nature of legal order established by Treaty

Treaties — Conclusion and operation — Acts of institutions established by EEC Treaty — Method of implementation under municipal law — EEC Council directive — Conflicting national legislation — Judicial review by administrative courts — Sanction of illegality for incompatible national legislation

State responsibility — Responsibility based on fault — Enactment of municipal law in violation of EEC legislation — Responsibility of French State for failure to meet international obligations — Liability of national authorities to pay compensation when noncompliance with Community norms causes loss to individuals

Damages — Violation of European Community law — Failure of authorities in Member State to comply with provisions of Community directive — Entitlement of individuals to compensation from national authorities for loss suffered — Measure of damages — Lucrum cessans

International organizations — EEC — Powers — Legislation — Directives enacted by Council — Effect in municipal legal order — Failure by Member States to correctly implement provisions of directive — Proceedings before national courts — Whether such failure giving rise to claim for damages by individuals against Member State

International organizations — EEC — Institutions — Court of Justice of European Communities — Effect of decisions in municipal legal order of Member States

Economics, trade and finance — State commercial monopoly — European Community rules on freedom of trade — Council Directive No 72/464 on Manufactured Tobacco — Effect on State tobacco monopoly — Fixing of prices for imported tobacco by national authorities in violation of directive — Annulment of ministerial decisions by administrative courts — Whether any entitlement to claim compensation from national authorities for companies affected — The law of France

Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — France — French Constitution — Article 54 — Constitutional review of exercise of treaty-making power — Treaty on European Union, 1992 (“Maastricht Treaty”) — Compatibility with French Constitution

Treaties — Conclusion and operation — Constitutional limitations — Accession of France to Treaty on European Union, 1992 — Extension of powers of European Community — Compatibility with French Constitution — Whether special constitutional amendments required prior to ratification — Obligation for Member States to allow nationals of one Member State resident in another Member State to participate in municipal elections — Obligations for Member States inherent in operation of common monetary and exchange rate policy — Obligations for Member States inherent in operation of common visa policy for nationals of third States crossing the Community's external borders — Whether compliance with these obligations constituting limitation of national sovereignty — Scope of permissible transfer of sovereignty to European Community institutions under French Constitution

International organizations — European Community — Institutions — European Parliament — Legal nature — Whether forming part of institutional orders of Member States — Whether participating in exercise of national sovereignty — Extension of right to vote in elections for European Parliament to nationals of a Member State resident in another Member State — Whether subject to national constitutional review

Human rights — Procedure for enforcement — European Community — Scope of protection of human rights within the Community — Treaty on European Union, Article F(2) — European Convention on Human Rights, 1950 — Significance for the European Community — Importance of case law of the Court of Justice of the European Communities in securing respect for fundamental rights — General principles of Community law — Constitutional traditions common to Member States

Human rights — Procedure for enforcement — Rights under French Constitution — Rights under Treaty on European Union, Article F(2) — Complementary roles of Court of Justice of European Communities and national courts in securing respect for fundamental rights — Whether adequately guaranteeing rights and freedoms of citizens under French Constitution

Aliens — Acquisition of citizenship — European Community — Establishment of citizenship of European Union — Effect on nationals of one Member State resident in another Member State — Entitlement of such persons to vote in municipal elections — Entitlement of such persons to vote in elections to European Parliament

Aliens — Right of entry — European Community — Extension of powers under Treaty on European Union — Provisions for operation of common visa policy for nationals of third States crossing the Community's external borders

Economics, trade and finance — European Community — Economic and monetary union — Treaty on European Union, 1992 — Provisions for operation of common monetary and exchange rate policy — The law of France

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Regulations

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty

Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courts

International organizations — Legal status — Powers — Regulations enacted by Council and Commission — Whether subject to constitutional review by municipal courts of Member States — The law of the Federal Republic of Germany

Treaties — Effect in municipal law — Priority of treaty provisions over conflicting provisions of municipal law — EEC Treaty, 1957, Article 95 — Ban on discrimination in domestic taxation policy — Primacy of EEC law over contrary municipal law

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty

International organizations — EEC — Legal status — Powers — Institutions — Court of Justice of the European Communities — Effect of decisions in municipal legal orders of Member States

Economics, trade and finance — Taxation — EEC Treaty, 1957 — Rule banning discriminatory internal taxation — Legality of national turnover equalization tax on imported milk products — The law of the Federal Republic of Germany

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Regulations — Primacy of EEC law over contrary municipal law — Whether provisions of EEC law take precedence over fundamental rights under national constitutions

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Fundamental rights under national Constitution — Reference to Constitutional Court alleging unconstitutionality of EEC provisions — Whether provisions of EEC law prevailing over fundamental constitutional rights

Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courts

International organizations — EEC — Legal status — Powers — Regulations enacted by Council and Commission — Whether subject to constitutional review by municipal courts of Member States — Institutions — Court of Justice of European Communities — Effect of decisions in municipal legal order of Member States Human rights — Procedure for enforcement — Scope of protection of human rights within the Community — Whether human rights law part of Community law — Case law of the Court of Justice of the European Communities — Whether adequately ensuring protection of fundamental rights — Whether any requirement upon Community to secure enactment of bill of rights by democratically elected European Parliament

Human rights — Procedure for enforcement — Fundamental rights under Constitution of Federal Republic of Germany — EEC Treaty, 1957 and secondary legislation — Possible conflict with fundamental rights under Constitution of Federal Republic — Whether EEC provisions subject to constitutional review by municipal courts to establish compatibility with fundamental constitutional rights — Whether such proceedings jeopardizing EEC legal system

Economics, trade and finance — Import and export licences — Cereals — EEC Treaty, 1957 — Period of validity of licences — Expiry — Forfeiture of deposits — Whether violating fundamental rights — The law of the European Economic Community — The law of the Federal Republic of Germany

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Regulations — Conditions for direct applicability under municipal law — Primacy of EEC law over contrary municipal law — Legal basis — Whether provisions of EEC law take precedence over fundamental rights under national constitutions

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Fundamental rights under national Constitution — Proceedings instituted before Constitutional Court alleging unconstitutionality of EEC provisions — Whether provisions of EEC law prevailing over fundamental constitutional rights

Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courts

International organizations — European Economic Community — Legal status — Powers — Regulations enacted by Council and Commission — Whether subject to constitutional review by municipal courts of Member States — Institutions — Court of Justice of European Communities — Effect of decisions in municipal legal order of Member States — Council, Commission and Parliament of Communities — Joint Declaration on General Principles governing the Protection of Fundamental Rights, 1977 — Effect in municipal legal order of Member States

Human rights — Procedure for enforcement — Scope of protection of human rights within the Community — Case law of the Court of Justice of the European Communities — Whether adequately ensuring protection of fundamental rights — Whether any requirement upon Community to secure enactment of bill of rights by democratically elected European Parliament — Whether such requirement now satisfied — Relevance of accession of all Member States to European Convention on Human Rights, 1950 and approval by national and European parliaments

Human rights — Procedure for enforcement — Fundamental rights under Constitution of Federal Republic of Germany — EEC Treaty, 1957 and secondary legislation — Possible conflict with fundamental rights under Constitution of Federal Republic — Whether EEC provisions subject to constitutional review by municipal courts to establish compatibility with fundamental constitutional rights — Whether protection of fundamental rights within EEC now adequately safeguarded by the Court of Justice of the European Communities

Economics, trade and finance — Export licences — Mushrooms — Regulations enacted pursuant to EEC Treaty, 1957 — Validity — Whether violating fundamental rights — The law of the Federal Republic of Germany

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Directives — Conditions for direct effect under municipal law — Failure of Member States to implement provisions of directive by specified time — Whether directive may be relied upon by individuals before municipal courts

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by treaty — Primacy of EEC law over contrary municipal law

International organizations — EEC — Legal status — Powers — EEC Treaty, 1957 — Directives enacted by Council — Effect in municipal legal order — Right of individuals to invoke directives — Whether constituting extension of Community's legislative powers — Scope of entitlement of Community to extend existing powers in harmony with objectives of EEC Treaty

International organizations — EEC — Institutions — Court of Justice — Powers — Interpretation of powers by reference to intention of Member States — Development of Community law by the Court — Construction of Community treaties in the light of methods and principles of common European legal tradition of Member States — Jurisdiction of Court under Article 177 of EEC Treaty — Limits — Effect of decisions in municipal legal order of Member States — Whether having binding effect in all proceedings before courts of Member States in which same issue is raised

Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Effect in municipal law — Whether subject to constitutional review by municipal courts

Treaties — Interpretation — Intention of the parties — EEC Treaty, 1957 — Powers of EEC institutions — Interpretation by reference to intention of Member States

Economics, trade and finance — Taxation — Value added tax (“VAT”) — Harmonization — Sixth EEC Council Directive 77/388 — Exemptions conferred by directive — Non-implementation by Member States — Whether individuals may invoke provisions of directive in case of non-implementation — The law of the Federal Republic of Germany