Internationale Handelsgesellschaft mbH v. Einfuhr-und-Vorratsstelle für Getreide und Futtermittel (Solange I)

Abstract

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Regulations — Primacy of EEC law over contrary municipal law — Whether provisions of EEC law take precedence over fundamental rights under national constitutions

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Fundamental rights under national Constitution — Reference to Constitutional Court alleging unconstitutionality of EEC provisions — Whether provisions of EEC law prevailing over fundamental constitutional rights

Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courts

International organizations — EEC — Legal status — Powers — Regulations enacted by Council and Commission — Whether subject to constitutional review by municipal courts of Member States — Institutions — Court of Justice of European Communities — Effect of decisions in municipal legal order of Member States Human rights — Procedure for enforcement — Scope of protection of human rights within the Community — Whether human rights law part of Community law — Case law of the Court of Justice of the European Communities — Whether adequately ensuring protection of fundamental rights — Whether any requirement upon Community to secure enactment of bill of rights by democratically elected European Parliament

Human rights — Procedure for enforcement — Fundamental rights under Constitution of Federal Republic of Germany — EEC Treaty, 1957 and secondary legislation — Possible conflict with fundamental rights under Constitution of Federal Republic — Whether EEC provisions subject to constitutional review by municipal courts to establish compatibility with fundamental constitutional rights — Whether such proceedings jeopardizing EEC legal system

Economics, trade and finance — Import and export licences — Cereals — EEC Treaty, 1957 — Period of validity of licences — Expiry — Forfeiture of deposits — Whether violating fundamental rights — The law of the European Economic Community — The law of the Federal Republic of Germany