Costa v. Ente Nazionale Energia Elettrica (ENEL)

Abstract

Relationship of international law and municipal law — Treaties — Effect in municipal law — European Economic Community Treaty, 1957, distinguished from ordinary international treaty — Partial transfer of sovereignty from Member States to Community — New legal order created by EEC Treaty — Supremacy of Community law over conflicting municipal law — Individuals benefitting from legal rights derived from EEC Treaty

Treaties — Effect in municipal law — Enforcement by municipal courts — Provisions of EEC Treaty, 1957 — Articles 102, 93, 53 and 37 — Whether direct effect — Whether conferring rights upon individuals — Whether rights of individuals can be protected in national courts

International tribunals — Duty to refer under Article 177(3) of EEC Treaty, 1957 — Court of Justice of the European Communities — Jurisdiction to interpret EEC Treaty, 1957 — Subordinate Italian court asking Court of Justice to interpret articles of EEC Treaty, 1957 — Whether within jurisdiction of Court of Justice — The law of the European Economic Community