Keywords
Summary

Keywords

1 . ACTS OF AN INSTITUTION - REGULATION - PRESUMPTION OF VALIDITY - CONSEQUENCES

( EEC TREATY , ARTICLES 173 , 174 , 177 AND 184 )

2 . ACTS OF AN INSTITUTION - REGULATION - APPLICATION BY THE NATIONAL AUTHORITIES - POWER TO DEROGATE - ABSENCE

( EEC TREATY , ARTICLE 189 )

3 . PRELIMINARY QUESTIONS - QUESTION RELATING TO THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY - INADMISSIBILITY

( EEC TREATY , ARTICLE 177 AND SECOND PARAGRAPH OF ARTICLE 215 )

4 . MEMBER STATES - INFRINGEMENT OF COMMUNITY OR NATIONAL LAW WHEN APPLYING COMMUNITY LAW - NON-CONTRACTUAL LIABILITY - ASSESSMENT ACCORDING TO NATIONAL LAW

5 . EEC - NON-CONTRACTUAL LIABILITY - DETERMINATION - EXCLUSIVE JURISDICTION OF THE COURT

( EEC TREATY , ARTICLE 178 AND SECOND PARAGRAPH OF ARTICLE 215 )

Summary

1 . IT FOLLOWS FROM THE LEGISLATIVE AND JUDICIAL SYSTEM ESTABLISHED BY THE TREATY THAT , ALTHOUGH RESPECT FOR THE PRINCIPLE OF THE RULE OF LAW WITHIN THE COMMUNITY CONTEXT ENTAILS FOR PERSONS AMENABLE TO COMMUNITY LAW THE RIGHT TO CHALLENGE THE VALIDITY OF REGULATIONS BY LEGAL ACTION , THAT PRINCIPLE ALSO IMPOSES UPON ALL PERSONS SUBJECT TO COMMUNITY LAW THE OBLIGATION TO ACKNOWLEDGE THAT REGULATIONS ARE FULLY EFFECTIVE SO LONG AS THEY HAVE NOT BEEN DECLARED TO BE INVALID BY A COMPETENT COURT .

2 . IN THE ABSENCE OF ANY EXPRESS PROVISION PERMITTING DEROGATIONS THE NATIONAL AUTHORITIES HAVING THE TASK OF APPLYING A REGULATION MAY NOT GRANT EXEMPTIONS FROM THE CONDITIONS LAID DOWN BY THAT REGULATION .

3 . A QUESTION RELATING TO THE APPLICATION OF THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY CANNOT BE DETERMINED IN PROCEEDINGS FOR A PRELIMINARY RULING .

4 . THE QUESTION OF COMPENSATION BY A NATIONAL AGENCY FOR DAMAGE CAUSED TO PRIVATE INDIVIDUALS BY THE AGENCIES AND SERVANTS OF MEMBER STATES , EITHER BY REASON OF AN INFRINGEMENT OF COMMUNITY LAW OR BY AN ACT OR OMISSION CONTRARY TO NATIONAL LAW , IN THE APPLICATION OF COMMUNITY LAW DOES NOT FALL WITHIN THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY AND MUST BE DETERMINED BY THE NATIONAL COURTS IN ACCORDANCE WITH THE NATIONAL LAW OF THE MEMBER STATE CONCERNED .

5 . THE APPLICATION OF THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY FALLS WITHIN THE EXCLUSIVE JURISDICTION OF THE COURT OF JUSTICE AND LIES OUTSIDE THAT OF THE NATIONAL COURTS .