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Van Gend En Loos V Nederlandse Administratie Der Belastingen
''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963) Case 26/62 was a landmark case of the European Court of Justice 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. The case is acknowledged as being one of the most important, and possibly the most famous development of European Union law. The case arose from the reclassification of a chemical, by the Benelux countries, into a customs category entailing higher customs charges. Preliminary questions were asked by the Dutch Tariefcommissie in a dispute between Van Gend en Loos and the Dutch Tax Authority (Nederlandse Administratie der Belastingen). The European Court of Justice held that this breached a provision of the treaty requiring member states to progressively ...
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European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court ...
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Treaty Of Rome
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany, and it came into force on 1 January 1958. Originally the "Treaty establishing the European Economic Community", and now continuing under the name "Treaty on the Functioning of the European Union", it remains one of the two most important treaties in what is now the European Union (EU). The treaty proposed the progressive reduction of customs duties and the establishment of a customs union. It proposed to create a single market for goods, labour, services, and capital across member states. It also proposed the creation of a Common Agriculture Policy, a Common Transport Policy and a European Social Fund and established the European Commission. Th ...
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Dutch Case Law
Dutch commonly refers to: * Something of, from, or related to the Netherlands * Dutch people () * Dutch language () Dutch may also refer to: Places * Dutch, West Virginia, a community in the United States * Pennsylvania Dutch Country People Ethnic groups * Germanic peoples, the original meaning of the term ''Dutch'' in English ** Pennsylvania Dutch, a group of early Germanic immigrants to Pennsylvania *Dutch people, the Germanic group native to the Netherlands Specific people * Dutch (nickname), a list of people * Johnny Dutch (born 1989), American hurdler * Dutch Schultz (1902–1935), American mobster born Arthur Simon Flegenheimer * Dutch Mantel, ring name of American retired professional wrestler Wayne Maurice Keown (born 1949) * Dutch Savage, ring name of professional wrestler and promoter Frank Stewart (1935–2013) Arts, entertainment, and media Fictional characters * Dutch (''Black Lagoon''), an African-American character from the Japanese manga and anime ''Black L ...
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Court Of Justice Of The European Union Case Law
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ...
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Marbury V
Marbury may refer to: Places *Marbury, Cheshire, United Kingdom *Marbury, Alabama, United States *Marbury, Maryland, United States Other *Marbury (surname) *Justice Marbury (other) *Marbury Hall (other) Marbury Hall may refer to: * Marbury Hall, Anderton with Marbury Marbury Hall was a country house in Marbury, near Northwich, Cheshire, England. Several houses existed on the site from the 13th century, which formed the seat successively of ... * Marbury School (other) * {{disambig, geo, surname ...
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Supremacy (European Union Law)
The primacy of European Union law (sometimes referred to as supremacy or precedence of European law) is a legal principle establishing precedence of European Union law over conflicting national laws of EU member states. The principle was derived from an interpretation of the European Court of Justice, which ruled that European law has priority over any contravening national law, including the constitution of a member state itself. For the European Court of Justice, national courts and public officials must disapply a national norm that they consider not to be compliant with the EU law. The majority of national courts have generally recognized and accepted this principle, except for the part where European law outranks a member state's constitution. As a result, national constitutional courts have also reserved the right to review the conformity of EU law with national constitutional law. Some countries provide that if national and EU law contradict, courts and public officials ...
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Robert Lecourt
Robert Lecourt (19 September 1908 – 9 August 2004) was a French politician and lawyer, judge and the fourth President of the European Court of Justice. He was born in Pavilly and died in Boulogne-Billancourt. Significantly, in his role as a judge at European Court of Justice, he gave the landmark decision in the case of ''Costa v ENEL'', establishing the supremacy of EU law over the law of member states. Biography After studying at the Jean-Baptiste-de-La-Salle college in Rouen, he studied law at the University of Rouen and became a lawyer in Rouen and at the Court of Appeal of Paris in 1932. He was president of the Youth People's Democratic Party in 1936, and a lieutenant at the Fort de Saint-Cyr in 1939, whereafter he became actively involved in the French Resistance and a member of the steering committee of the Resistance movement. In 1958, he was elected in the first constituency of the Hautes-Alpes. A member of two national constituent assemblies, he was elected from th ...
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Locus Standi
Locus (plural loci) is Latin for "place". It may refer to: Entertainment * Locus (comics), a Marvel Comics mutant villainess, a member of the Mutant Liberation Front * ''Locus'' (magazine), science fiction and fantasy magazine ** ''Locus Award'', presented to the winners of ''Locus'' magazine's annual readers' poll * ''Locus'' (video game), a 1995 video game by Zombie Studios * ''Locus'', a 2020 album by Satyr Computers and mathematics * Locus (mathematics), the set of points satisfying a particular condition, often forming a curve * LOCUS (operating system), a distributed OS developed at UCLA, notable for single-system image idea * Locus Computing Corporation (1982–1995), commercialized the LOCUS distributed operating system developed at UCLA * Locus Map, an Android navigation app using maps of various providers in online and offline mode * Locus Technologies (1997), an environmental software company that organizes data via the Internet * Root locus, a diagram visualizing th ...
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Preliminary Ruling
A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law that is given in response to a request (preliminary reference) from a court or a tribunal of a member state. A preliminary ruling is a final determination of European Union law, with no scope for appeal. The ECJ hands down its decision to the referring court, which is then obliged to implement the ruling. Preliminary rulings are issued by the ECJ. The Treaty of Lisbon provides that jurisdiction may be delegated to the General Court, but that provision has yet to be put into effect. If, as in '' Factortame'', the ECJ holds that a member state's legislation conflicts with EU law, the member state is required to "disapply" such law, but the ECJ may not amend the member state's legislation itself. Preliminary rulings make up the bulk of business in the Court of Justice of the European Union since few persons have ''locus standi'' to litigate in the Luxembourg court. ...
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West Germany
West Germany is the colloquial term used to indicate the Federal Republic of Germany (FRG; german: Bundesrepublik Deutschland , BRD) between its formation on 23 May 1949 and the German reunification through the accession of East Germany on 3 October 1990. During the Cold War, the western portion of Germany and the associated territory of West Berlin were parts of the Western Bloc. West Germany was formed as a political entity during the Allied occupation of Germany after World War II, established from eleven states formed in the three Allied zones of occupation held by the United States, the United Kingdom, and France. The FRG's provisional capital was the city of Bonn, and the Cold War era country is retrospectively designated as the Bonn Republic. At the onset of the Cold War, Europe was divided between the Western and Eastern blocs. Germany was divided into the two countries. Initially, West Germany claimed an exclusive mandate for all of Germany, representing itself as t ...
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Treaties Of Rome
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany, and it came into force on 1 January 1958. Originally the "Treaty establishing the European Economic Community", and now continuing under the name "Treaty on the Functioning of the European Union", it remains one of the two most important treaties in what is now the European Union (EU). The treaty proposed the progressive reduction of customs duties and the establishment of a customs union. It proposed to create a single market for goods, labour, services, and capital across member states. It also proposed the creation of a Common Agriculture Policy, a Common Transport Policy and a European Social Fund and established the European Commission. Th ...
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Van Gend En Loos
Van Gend & Loos was a Dutch distribution company. It was established in 1809, and was purchased by DHL in 2003. History Van Gend & Loos was established by the Antwerp-based innkeeper and carriage driver Jan-Baptist van Gend. He had married a woman from the Loos family in 1796. When Van Gend's brother-in-law Petrus Josephus Loos died in 1809, his diligence company was merged with Van Gend's company to form Van Gend & Loos. The ''De Algemeene Postwagen Onderneming J.B. van Gend & Loos'' (General Postal Carriage Company J.B. van Gend & Loos) gradually expanded its network of diligence services, to transport passengers, goods and money. The company remained active in the Low Countries (and beyond) when Belgium became independent from the Netherlands in 1830. Van Gend & Loos had trouble keeping up with competition from rail transport. Diligence services between places that also had a railway connection, had to be abandoned. Van Gend & Loos did offer a connection to places whe ...
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