Amministrazione delle Finanze dello Stato v. Simmenthal SpA (No 2)

Abstract

Relationship of international law and municipal law — Treaties — Effect in municipal law — European Economic Community Treaty, 1957 — Whether creating new legal order — Automatic incorporation of EEC provisions into national law — Direct applicability — Inconsistent national legislation — Supremacy of Community law — Conflict between EEC Treaty and subsequent national law — Whether national law a defence to breach of Community law — Whether duty of national court to give precedence to Community law — Whether national judge to wait for conflicting national legislation to be set aside by Constitutional Court — Conditions for recognition of national measures by the Court of Justice

Treaties — EEC Treaty, 1957 — Effect in municipal law — Whether that of ordinary international agreement — Direct applicability — Automatic incorporation of EEC provisions into national law — Subsequent inconsistent national legislation — Whether overriding directly applicable EEC provisions — Whether duty of national court to comply with municipal legislation — Whether national court must wait for EEC provision to be set aside by higher national court — The law of the European Economic Community