Facts. 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. The clause prohibited Member States from introducing new customs duties on products originating from other Member States, or.
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Van Gend en Loos, a postal and transportation company, imported urea formaldehyde from West Germany to the Netherlands. The authorities charged them a tariff on the import. Van Gend en Loos objected, stating that it was a clear violation of Article 12 of the Treaty of Rome (now replaced by Article 30 TFEU), which stated: 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. 1. Introduction. 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 constitutional niceties." 3. 1. 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. It occupies a key position in the canon of European.
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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. Varieties of direct effect. In Van Gend en Loos it was decided that a citizen was able to enforce a right granted by European Community legislation against the state - the question of whether rights could be enforced against another citizen was not addressed. In Defrenne v.SABENA (No. 2), the European Court of Justice decided that there were two varieties of direct effect: vertical direct. 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.The direct effect of European law is often understood as empowering private individuals and national courts, as supplementing the European Commission-initiated compliance procedure set out in Article 169 of the. The 5 February 1963 judgment of the Court of Justice in Case 26/62 N.V. Algemente Transport- en Expeditie Onderneming van Gend & Loos v Nederlandse administratie der belastingen (in short 'Van Gend & Loos') is one of the milestones of the Court's jurisprudence and a fundamental building block of EU constitutional law, 'universally celebrated as perhaps the most important case of the Court.
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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. Case Document Date Name of the parties Subject-matter Curia EUR-Lex Link; C-26/62: Opinion ECLI:EU:C:1962:42: 12/12/1962: van Gend en Loos
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. The Van Gend & Loos and Costa v ENEL cases, decided on 5 February 1963 and 15 July 1964, respectively, are commonly considered the two building blocks of EU law as an autonomous legal order with direct effect before national courts and primacy over national law. However, there is a third important case, decided between the other two, without.
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Claes, Monica: Van Gend en Loos, de autonomie van de Europese rechtsorde en het leerstuk van de rechtstreekse werking, Ars aequi 2010 p.122-125 (NL) Szpunar, Maciej: Van Gend en Loos from the perspective of new Member States, 50ème anniversaire de l'arrêt Van Gend en Loos : 1963-2013 : actes du colloque, Luxembourg, 13 mai 2013 (Ed. Document 61962CJ0026. Judgment of the Court of 5 February 1963. NV Algemene Transport- en Expeditie Onderneming van Gend & Loos v Netherlands Inland Revenue Administration. Reference for a preliminary ruling: Tariefcommissie - Netherlands. Case 26-62. English special edition 1963 00001. ECLI identifier: ECLI:EU:C:1963:1. Expand all.
