Van Gend en Loos, formally NV Algemene Transport en Expeditie Onderneming van Gend en Loos v Nederlandse Administratie der Belastingen, was a 1963 decision of the Court of Justice of the European Communities holding that provisions of the founding Treaty establishing the European Economic Community could have direct effect, creating rights that individuals could invoke directly before their own national courts even without any implementing national legislation. The Court described the Community as constituting a new legal order of international law. Together with Costa v ENEL the following year, it is regarded as one of the two foundational judgments establishing the distinctive character of European Union law.
Facts
Decision Year Decision Date HoldingEstablished that provisions of the EEC Treaty were capable of creating legal rights enforceable by individuals before the courts of member states, a doctrine now called the principle of direct effect. 1 Current StatusAcknowledged as one of the most important, and possibly the most famous, developments of European Union law; the direct effect doctrine it established remains foundational to EU law. 1 Connections
Decided By
Decided by the Court of Justice of the European Communities (predecessor of the CJEU), 1963.
In the Other Atlases
Found In
Also in Geography Atlas: where this subject is found.
Sources
1. Van Gend en Loos v Nederlandse Administratie der Belastingen (Wikipedia)
WikipediaLead section, opening sentence
which established that provisions of the Treaty Establishing the European Economic Community were capable of creating legal rights which could be enforced by both natural and legal persons before the courts of the Community's member states. This is now called the principle of direct effect.
Lead section, second sentence
The case is acknowledged as being one of the most important, and possibly the most famous development of European Union law.
View the Source 2. Judgment of the Court, Van Gend en Loos, Case 26-62 (CVCE)
Page titleQuote, Page title
Judgment of the Court, Van Gend & Loos, Case 26-62 (5 February 1963)
Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.
Sign in to dispute this or suggest a correction.