The claimants, van Gend en Loos, imported chemicals from Western Germany to the Netherlands where they were asked to pay import taxes at Dutch customs, the defendants, which they objected to on the grounds it ran contrary to the European Economic Community's prohibition on inter-State import duties, as per Article 12 of the Treaty of Rome. The Van Gend & Loos case was triggered by a company that claimed that Dutch customs duties on a product imported from West Germany were in violation of the standstill clause contained in Article 12 of the Treaty of Rome.
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Van Gend en Loos is a case with more than a single protagonist—central both to its genesis and its subsequent impact. The very decision by the Dutch court to make a preliminary reference (and the truly breakthrough decision of the lawyers who pleaded the case to request such) was not only procedurally and politically bold but conceptually. Van Gend en Loos ( VGL) was understood very differently at the time to how it is understood today. 1 Within the Court, it was seen as a compromise judgment 2 and the distinguished comparatists, Riesenfeld and Buxbaum, noted that the judgment neither ventured "beyond the line of minimum exposure" nor engaged in "a premature en tanglement with con. Introduction With the fiftieth anniversary of the seminal Van Gend en Loos judgment of the European Court of Justice (ECJ) it is time to reassess its history and legacy. The judgment constitutes one of the core doctrines underpinning what is often described as a European "constitutional legal order." 1 But it does much more than that. William Phelan Chapter Get access Share Cite Summary This chapter discusses the Court's 1963 judgment, Van Gend en Loos, where the Court declared that European law could be relied upon by private individuals before their national courts.
Wie in 1956 met paard en wagen voor Van Gend en Loos? Foto AD.nl
1 The 1963 decision of the European Court of Justice in Case 26/62 NV Algemene Transport- en Expeditie Onderneming van Gend & Loos v Netherlands Inland Revenue Administration ('Van Gend & Loos Case') is generally considered one of the most important decisions of European Union law (European Union, Court of Justice and General Court; European Community and Union Law and Domestic [Municipal. The Van Gend & Loos judgment is one of the most important judgments in the development of the Community legal order. The European Court of Justice specifies that the Community constitutes a new legal order of international law for the benefit of which the States have limited their sovereign rights and the subjects of which comprise not only Member States but also their nationals. This essay examines, first, the reasons for the extraordinary impact and iconic status which are attached to Van Gend en Loos. It argues that the explanation lies in a confluence of structural factors and not in the 'direct effect' doctrine simpliciter. It then looks at the 'darker' side of the case - a proxy for governance - its. On 13 May 2013, at the seat of the Court of Justice in Luxembourg, a day of reflection took place to commemorate the 50th anniversary of the judgment in Van Gend en Loos, delivered on 5 February 1963.During the day, the judgment was examined as a source of and a framework for the principles which have shaped the constitutional structure of the European Union and from the point of view of its.
Van Gend & Loos Stichting Cultureel Erfgoed Enschede
The product imported by Van Gend & Loos was, at the time of the entry into force of the Treaty of Rome (1 January 1958), subject to a customs duty charged at 3 %, as it was classified under heading 279-a-2 of the 1947 customs tariff. Under the 1960 tariff, the product was moved to heading 39.01-a-1, to which a higher duty of 8 % was attached. The Van Gend & Loos judgment is one of the most important judgments in the development of the Community legal order. The European Court of Justice specifies that the Community constitutes a new legal order of international law for the benefit of which the States have limited their sovereign rights and the subjects of which comprise not only.
Karl Roemer. Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62 was a landmark case of the European Court of Justice which established that provisions of the Treaty Establishing the European Economic Community were capable of creating legal rights which could be enforced by both natural and legal persons before the. Van Gend & Loos was a Dutch distribution company. It was established in 1809, and was purchased by DHL in 2003. History Van Gend & Loos was established by the Antwerp -based innkeeper and carriage driver Jan-Baptist van Gend. He had married a woman from the Loos family in 1796.
Fordson Van Gend & Loos / ATO a photo on Flickriver
The seminal case of Van Gend & Loos offered the Court an opportunity to proclaim the doctrine of the direct effect of EU law within the legal orders of the Member States. In practice, this means that individuals may claim rights directly under EU law and enforce those rights before national courts. 3 - The 'Van Gend en Loos moment' from Part I - Unity through law: inventing Europe's 'integration programme' Published online by Cambridge University Press: 05 February 2015
