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  Home > Law > Law glossary > Law glossary

Costa v ENEL (1964)

Last modified: Thu Feb 23 16:37:37 2006

(C-6/64). An Italian citizen challenged the right of a national energy company to charge fees, on the basis that its very existence was contrary to EC law. The state argued that, were the ECJ to rule that the company was invalid, it would undermine a fundamental principle of national constitutional law. Nevertheless, the ECJ did so rule, basing its decision on what was then Art. 189 of the ECTreaty -- Regulations are to have immediate, binding effect. For a member state to give priority to any feature of national law, however fundamental, would go against the very purpose of the Community. See also EUGeneralPrinciplesOfLaw.

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