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''Re Wünsche Handelsgesellschaft'' (22 October 1986) BVerfGE 73, 339, is a German constitutional law and EU law case, popularly known as ''Solange II'', concerning the conflict of law between the German national legal system and European Union law.


Facts

An EC import licensing system was challenged in the German Court. The ECJ held that the system was valid in ''Wünsche Handelsgesellschaft v Germany''.


Judgment

The Federal Constitutional Court (''Bundesverfassungsgericht'') held that it would not give close scrutiny now. It considered, since the 1974 decision, the ECJ’s development of protection for fundamental rights, the adoption of declarations on rights and democracy by the Community institutions, and that all EC Member States had acceded to the European Convention on Human Rights. This in effect meant that the authority of the ECJ in Germany was accepted by the Federal Court, so long as the ECJ rulings conformed to the principles of German national law.Brewer, Mark Killian (2001) "The European Union and Legitimacy: Time for a European Constitution," Cornell International Law Journal: Vol. 34: Iss. 3, Article 5. Available at: http://scholarship.law.cornell.edu/cilj/vol34/iss3/5


See also

*
European Union law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
* Internationale Handelsgesellschaft (Solange I)


References

{{reflist, 2 Federal Constitutional Court cases 1986 in West Germany 1986 in case law