Keywords
Summary

Keywords

1 . CUSTOMS DUTIES ON EXPORTS - CHARGES HAVING EQUIVALENT EFFECT - ABOLITION - DIRECT EFFECT - INDIVIDUAL RIGHTS - PROTECTION BY THE NATIONAL COURTS

( EEC TREATY , ARTICLE 16 ; REGULATION NO 234/68 , ARTICLE 10 )

2 . COMMUNITY LAW - DIRECT EFFECT - INDIVIDUAL RIGHTS - PROTECTION BY THE NATIONAL COURTS - LEGAL PROCEEDINGS - NATIONAL PROCEDURAL RULES - APPLICATION

Summary

1 . THE PROHIBITION LAID DOWN IN ARTICLE 16 OF THE TREATY AND THAT CONTAINED IN ARTICLE 10 OF REGULATION NO 234/68 HAVE DIRECT EFFECT AND CONFER ON INDIVIDUALS RIGHTS WHICH THE NATIONAL COURTS MUST PROTECT .

2 . IN THE ABSENCE OF ANY RELEVANT COMMUNITY RULES , IT IS FOR THE NATIONAL LEGAL ORDER OF EACH MEMBER STATE TO DESIGNATE THE COMPETENT COURTS AND TO LAY DOWN THE PROCEDURAL RULES FOR PROCEEDINGS DESIGNED TO ENSURE THE PROTECTION OF THE RIGHTS WHICH INDIVIDUALS ACQUIRE THROUGH THE DIRECT EFFECT OF COMMUNITY LAW , PROVIDED THAT SUCH RULES ARE NOT LESS FAVOURABLE THAN THOSE GOVERNING THE SAME RIGHT OF ACTION ON AN INTERNAL MATTER . THE POSITION WOULD BE DIFFERENT ONLY IF THOSE RULES MADE IT IMPOSSIBLE IN PRACTICE TO EXERCISE RIGHTS WHICH THE NATIONAL COURTS HAVE A DUTY TO PROTECT .