Opinion of the Advocate General — ECLI:EU:C:2003:170
Date: 2003-03-20
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Principles, objectives and tasks of the Treaties;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 
1. Community law — Direct effect — Individual rights — Protected by national courts 
and tribunals — Legal proceedings — Detailed national procedural rules — Con­
ditions of application — Determination, by each Member State, of standing and legal 
interest in bringing proceedings — Limits — Respect for the right to effective judicial 
protection 
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SUMMARY — CASE C-13/01 
2. Community law — Principles — Right to effective judicial protection — National 
legislation preventing an importer challenging a measure under which goods sold to a 
retailer are seized — Whether permissible — Conditions 
1. In the absence of Community rules 
governing the matter, it is for the 
domestic legal system of each Member 
State to designate the courts and tribu­
nals having jurisdiction and to lay 
down the detailed procedural rules 
governing actions for safeguarding 
rights which individuals derive directly 
from Community law, provided that 
such rules are not less favourable than 
those governing similar domestic 
actions (principle of equivalence) and 
that they do not render practically 
impossible or excessively difficult the 
exercise of rights conferred by Com­
munity law (principle of effectiveness). 
Moreover, while it is, in principle, for 
national law to determine an individ­
ual's standing and legal interest in 
bringing proceedings, Community law 
nevertheless requires that the national 
legislation does not undermine the 
right to effective judicial protection. 
(see paras 49-50) 
2. The principle of effective judicial pro­
tection of the rights which the Com­
munity legal order confers on individ­
uals is to be construed as not preclud­
ing national legislation under which an 
importer cannot bring court proceed­
ings to challenge a measure adopted by 
the public authorities under which 
goods sold to a retailer are seized, 
where there is available to that 
importer, because the said authorities 
also fined him, a legal remedy which 
ensures respect for the rights conferred 
on him by Community law. 
In the present case it is clear that such 
an importer's interest in not having his 
trade impeded because of a national 
provision which is contrary to Com­
munity law is sufficiently protected 
where he can obtain a court decision 
establishing the incompatibility of that 
provision with Community law. 
(see paras 54-56, operative part) 
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