Amministrazione delle Finanze dello Stato v Simmenthal SpA.
Date: 1978-03-09
10ON THIS ISSUE IT SHOULD BE BORNE IN MIND THAT IN ACCORDANCE WITH ITS UNVARYING PRACTICE THE COURT OF JUSTICE CONSIDERS A REFERENCE FOR A PRELIMINARY RULING , PURSUANT TO ARTICLE 177 OF THE TREATY , AS HAVING BEEN VALIDLY BROUGHT BEFORE IT SO LONG AS THE REFERENCE HAS NOT BEEN WITHDRAWN BY THE COURT FROM WHICH IT EMANATES OR HAS NOT BEEN QUASHED ON APPEAL BY A SUPERIOR COURT .
14DIRECT APPLICABILITY IN SUCH CIRCUMSTANCES MEANS THAT RULES OF COMMUNITY LAW MUST BE FULLY AND UNIFORMLY APPLIED IN ALL THE MEMBER STATES FROM THE DATE OF THEIR ENTRY INTO FORCE AND FOR SO LONG AS THEY CONTINUE IN FORCE .
15THESE PROVISIONS ARE THEREFORE A DIRECT SOURCE OF RIGHTS AND DUTIES FOR ALL THOSE AFFECTED THEREBY , WHETHER MEMBER STATES OR INDIVIDUALS , WHO ARE PARTIES TO LEGAL RELATIONSHIPS UNDER COMMUNITY LAW .
16THIS CONSEQUENCE ALSO CONCERNS ANY NATIONAL COURT WHOSE TASK IT IS AS AN ORGAN OF A MEMBER STATE TO PROTECT , IN A CASE WITHIN ITS JURISDICTION , THE RIGHTS CONFERRED UPON INDIVIDUALS BY COMMUNITY LAW .
17FURTHERMORE , IN ACCORDANCE WITH THE PRINCIPLE OF THE PRECEDENCE OF COMMUNITY LAW , THE RELATIONSHIP BETWEEN PROVISIONS OF THE TREATY AND DIRECTLY APPLICABLE MEASURES OF THE INSTITUTIONS ON THE ONE HAND AND THE NATIONAL LAW OF THE MEMBER STATES ON THE OTHER IS SUCH THAT THOSE PROVISIONS AND MEASURES NOT ONLY BY THEIR ENTRY INTO FORCE RENDER AUTOMATICALLY INAPPLICABLE ANY CONFLICTING PROVISION OF CURRENT NATIONAL LAW BUT - IN SO FAR AS THEY ARE AN INTEGRAL PART OF , AND TAKE PRECEDENCE IN , THE LEGAL ORDER APPLICABLE IN THE TERRITORY OF EACH OF THE MEMBER STATES - ALSO PRECLUDE THE VALID ADOPTION OF NEW NATIONAL LEGISLATIVE MEASURES TO THE EXTENT TO WHICH THEY WOULD BE INCOMPATIBLE WITH COMMUNITY PROVISIONS .
20THE EFFECTIVENESS OF THAT PROVISION WOULD BE IMPAIRED IF THE NATIONAL COURT WERE PREVENTED FROM FORTHWITH APPLYING COMMUNITY LAW IN ACCORDANCE WITH THE DECISION OR THE CASE-LAW OF THE COURT .
21IT FOLLOWS FROM THE FOREGOING THAT EVERY NATIONAL COURT MUST , IN A CASE WITHIN ITS JURISDICTION , APPLY COMMUNITY LAW IN ITS ENTIRETY AND PROTECT RIGHTS WHICH THE LATTER CONFERS ON INDIVIDUALS AND MUST ACCORDINGLY SET ASIDE ANY PROVISION OF NATIONAL LAW WHICH MAY CONFLICT WITH IT , WHETHER PRIOR OR SUBSEQUENT TO THE COMMUNITY RULE .
22ACCORDINGLY ANY PROVISION OF A NATIONAL LEGAL SYSTEM AND ANY LEGISLATIVE , ADMINISTRATIVE OR JUDICIAL PRACTICE WHICH MIGHT IMPAIR THE EFFECTIVENESS OF COMMUNITY LAW BY WITHHOLDING FROM THE NATIONAL COURT HAVING JURISDICTION TO APPLY SUCH LAW THE POWER TO DO EVERYTHING NECESSARY AT THE MOMENT OF ITS APPLICATION TO SET ASIDE NATIONAL LEGISLATIVE PROVISIONS WHICH MIGHT PREVENT COMMUNITY RULES FROM HAVING FULL FORCE AND EFFECT ARE INCOMPATIBLE WITH THOSE REQUIREMENTS WHICH ARE THE VERY ESSENCE OF COMMUNITY LAW .
23THIS WOULD BE THE CASE IN THE EVENT OF A CONFLICT BETWEEN A PROVISION OF COMMUNITY LAW AND A SUBSEQUENT NATIONAL LAW IF THE SOLUTION OF THE CONFLICT WERE TO BE RESERVED FOR AN AUTHORITY WITH A DISCRETION OF ITS OWN , OTHER THAN THE COURT CALLED UPON TO APPLY COMMUNITY LAW , EVEN IF SUCH AN IMPEDIMENT TO THE FULL EFFECTIVENESS OF COMMUNITY LAW WERE ONLY TEMPORARY .
24THE FIRST QUESTION SHOULD THEREFORE BE ANSWERED TO THE EFFECT THAT A NATIONAL COURT WHICH IS CALLED UPON , WITHIN THE LIMITS OF ITS JURISDICTION , TO APPLY PROVISIONS OF COMMUNITY LAW IS UNDER A DUTY TO GIVE FULL EFFECT TO THOSE PROVISIONS , IF NECESSARY REFUSING OF ITS OWN MOTION TO APPLY ANY CONFLICTING PROVISION OF NATIONAL LEGISLATION , EVEN IF ADOPTED SUBSEQUENTLY , AND IT IS NOT NECESSARY FOR THE COURT TO REQUEST OR AWAIT THE PRIOR SETTING ASIDE OF SUCH PROVISION BY LEGISLATIVE OR OTHER CONSTITUTIONAL MEANS .