1. Case law on the legal order of the Union
European law as a new legal order of international law (autonomous legal order, direct effect
and supremacy)
1. Case 26/62 ECJ, Van Gend & Loos [1963] (on direct effect of primary law)
2 . Case 6/64, Costa v. ENEL, [1964]
Supremacy principle ( EU primary and secondary law takes precedence over colliding national
law )
1. Costa v. ENEL, [1964] (autonomous legal order)
2. Internationale Handelsgesellschaft, 1970 (EU law takes primacy over national
constitutional law)
3. Simmenthal, 1978 (over prior and subsequent national law)
EC Treaty (EU Treaty) as constitutional charter with complete system of legal remedies
1. Case 294/83 Les Verts v. European Parliament [1986]
Difference between EC and EU law, Art.47 EU
1. Environmental crimes (Commission v. Council), C-176/03 [2005] – legal basis from
different pillars cannot be combined
2. Legal basis
Choice of the legal basis
1. Tobacco Advertising (Germany v. Parliament and Council ) [2000] – limits of Art.114 TFEU
C-210/03
2. Recovery of Indirect Taxes ( Commission v. Council) Case C-338/01 [2004]- the legal basis
should be chosen based on objective factors amenable to judicial review
3.Titanium Dioxide (Commission v. Council) Case 300/89 [1991] - dual basis is not possible
where the procedures provided for each legal basis are incompatible; legal basis should be
chosen based on objective factors amenable to judicial review
3. Institutional Principles and fundamental principles (human rights protection)
Institutional principles
1. Sincere Cooperation (Art.4.3 TEU)- Hurd v. Jones Case 44/84 [1986] ,
2. Principle of subsidiarity (Art.5 TEU) - Germany v. Council and Parliament Case C-
233/94 [1997]
3.Institutional balance (Art.13.2 TFEU) - Chernobyl, Parliament v. Council [1990]; Meroni
Case 9/56 [1958]
Human rights as fundamental principles of Union law: Stauder (1969), Nold (1974), Rutili
(1975) importance of case law diminished because of Art.6 TEU and binding EU Charter of
Fundamental Rights
4. Fundamental principles (direct, indirect effect and state liability)
Direct effect of Union law - individuals can rely on Community law in their advantage in courts;
Conditions of direct effect depending on legal source:
1. Van Gend and Loos - primary law: clear, precise and unconditional
2. Leonesio - Regulations Art.249 EC: clear, precise and unconditional
3. Becker, Case 8/81 [1982]- Directives not implemented in time - clear, precise and
unconditional + vertical relationship; also Van Duyn, Case 41/74 [1974];
-Ratti Case 148/78: estoppel principle argument for vertical direct effect, but not for horizontal
European law as a new legal order of international law (autonomous legal order, direct effect
and supremacy)
1. Case 26/62 ECJ, Van Gend & Loos [1963] (on direct effect of primary law)
2 . Case 6/64, Costa v. ENEL, [1964]
Supremacy principle ( EU primary and secondary law takes precedence over colliding national
law )
1. Costa v. ENEL, [1964] (autonomous legal order)
2. Internationale Handelsgesellschaft, 1970 (EU law takes primacy over national
constitutional law)
3. Simmenthal, 1978 (over prior and subsequent national law)
EC Treaty (EU Treaty) as constitutional charter with complete system of legal remedies
1. Case 294/83 Les Verts v. European Parliament [1986]
Difference between EC and EU law, Art.47 EU
1. Environmental crimes (Commission v. Council), C-176/03 [2005] – legal basis from
different pillars cannot be combined
2. Legal basis
Choice of the legal basis
1. Tobacco Advertising (Germany v. Parliament and Council ) [2000] – limits of Art.114 TFEU
C-210/03
2. Recovery of Indirect Taxes ( Commission v. Council) Case C-338/01 [2004]- the legal basis
should be chosen based on objective factors amenable to judicial review
3.Titanium Dioxide (Commission v. Council) Case 300/89 [1991] - dual basis is not possible
where the procedures provided for each legal basis are incompatible; legal basis should be
chosen based on objective factors amenable to judicial review
3. Institutional Principles and fundamental principles (human rights protection)
Institutional principles
1. Sincere Cooperation (Art.4.3 TEU)- Hurd v. Jones Case 44/84 [1986] ,
2. Principle of subsidiarity (Art.5 TEU) - Germany v. Council and Parliament Case C-
233/94 [1997]
3.Institutional balance (Art.13.2 TFEU) - Chernobyl, Parliament v. Council [1990]; Meroni
Case 9/56 [1958]
Human rights as fundamental principles of Union law: Stauder (1969), Nold (1974), Rutili
(1975) importance of case law diminished because of Art.6 TEU and binding EU Charter of
Fundamental Rights
4. Fundamental principles (direct, indirect effect and state liability)
Direct effect of Union law - individuals can rely on Community law in their advantage in courts;
Conditions of direct effect depending on legal source:
1. Van Gend and Loos - primary law: clear, precise and unconditional
2. Leonesio - Regulations Art.249 EC: clear, precise and unconditional
3. Becker, Case 8/81 [1982]- Directives not implemented in time - clear, precise and
unconditional + vertical relationship; also Van Duyn, Case 41/74 [1974];
-Ratti Case 148/78: estoppel principle argument for vertical direct effect, but not for horizontal
