Why this case matters
This is the case where the Court of Justice of the European Union (CJEU) announced a revolutionary idea:
EU law can give rights directly to individuals, which national courts must protect.
Before this case, treaties were seen as agreements between states. After this case, the EEC Treaty (now the TFEU) became a new legal order. https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX%3A12012E%2FTXT
The Facts (in plain English)
- Van Gend en Loos was a Dutch transport compant.
- They imported chemicals from Germany into the Netherlands.
- The Netherlands increased the customs duty on that product.
- Van Gend en Loos argued this violated Article 12 EEC (now Article 30 TFEU), which prohibited increasing custom duties between Member States.
The Dutch government said:
“Article 12 is just an agreement between states. Individuals can’t rely on it.” https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A61962CJ0026. The CJEU disagreed:
The Legal Question
Can an individual company rely on Article 12 directly before a national court?
In other words:
Does EU law create rights for individuals that national courts must enforce?
The Court’s Answer: Yes
The Court held that:
EU law creates rights for individuals
The Treaty is not just an international agreement. It creates a new legal order where individuals are subjects of rights.
Some Treaty provisions have “direct effect”
A provision has direct effect when it is:
- Clear
- Precise
- Unconditional
Article 12 met these criteria.
National courts must protect these rights
Individuals can go to their national courts and rely on EU law directly.
The Key Principle: Direct Effect
Van Gend en Loos established direct effect, meaning:
Certain EU law provisions automatically become part of national law and can be invoked by individuals without needing national legislation.
This is the foundation of the entire EU legal system.
Case 26/62 Van Gend en Loos v Netherlands Inland Revenue Administration [1963] ECLI:EU:C:1963:1.
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