This judgment set a general principle1 of Community (now EU) law: the precedence (also referred to as ‘primacy’ or ‘supremacy’) of EU law, which guarantees its superiority over the national laws of the Member States.
The principle of precedence ensures EU law uniformly protects citizens throughout the EU.
By contrast with ordinary international treaties, the EEC Treaty created a European legal system that is an integral part of the Member States’ legal systems and that is binding on them.
With the creation of the EEC, Member States transferred the rights and obligations arising under the treaty from their national legal system to that of the EEC, limited their sovereignty and created a body of law that bound both their nationals and themselves.
Consequently, Member States may not adopt national laws that contradict EU law without calling into question the legal basis of the EU itself. If they nevertheless do, EU law should take precedence over national laws (i.e. override them) in the domestic courts of the country concerned.
Developments before and after the judgment
In another landmark case, in 1963, the Court of Justice had already established an equally important and complementary general principle of EU law: the direct effect principle.
The Court later clarified the scope of the precedence principle in its case-law3.
irrespective of their nature (acts, regulations, decisions, ordinances, circulars, etc.) or whether they are issued by the executive or by the legislative powers of a Member State;
In a declaration concerning primacy, annexed to the Final Act of the Intergovernmental Conference that adopted the Treaty on the Functioning of the European Union, the conference:
recalled the principle of primacy of EU law over national law;
underlined that it is a cornerstone of EU law regardless of the fact that it is not included in the treaty.
KEY TERMS
General principles. Also called ‘supplementary law’, they are mainly developed by the CJEU and are one of the non-written sources of EU law, as opposed to primary and secondary law.
Preliminary ruling. A ruling by the CJEU in reply to a question from a national court on the interpretation or validity of EU law, thereby contributing to the uniform application of EU law.
Case-law. The law as established by the outcome of former cases.
MAIN DOCUMENT
Judgment of the Court of , Flaminio Costa v ENEL, Case 6–64 (English special edition 1964 00585).
RELATED DOCUMENTS
Conference that adopted the Treaty of Lisbon, signed on — A. Declarations concerning provisions of the Treaties — 17. Declaration concerning primacy (OJ C 115, , p. 344).
Treaty on the Functioning of the European Union of — consolidated version (OJ C 202, , pp. 47–360).
Judgment of the Court (First Chamber) of , Wünsche Handelsgesellschaft GmbH & Co. v Federal Republic of Germany. Reference for a preliminary ruling: Verwaltungsgericht Frankfurt am Main — Germany. Preserved mushrooms — Protective measures. Case 345/82 (European Court Reports 1984 01995).
Judgment of the Court of , Amministrazione delle Finanze dello Stato v Simmenthal SpA. Reference for a preliminary ruling: Pretura di Susa — Italy. Discarding by the national court of a law contrary to Community law. Case 106/77 (European Court Reports 1978 00629).
Judgment of the Court of , Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel. Reference for a preliminary ruling: Verwaltungsgericht Frankfurt am Main — Germany. Case 11–70 (European Court reports 1970 01125).