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Van Gend En Loos Memorandum Essay

977 words - 4 pages

MEMORANDUM 4

To: Professor Charlotte Leskinen

From: Group 5, International Business Law LLM (Daniela Pacino, Laura Kuenlen, Dima Al-
Wazani, Enrique Adrien, Nghi Lam and Marina Miranda)

Re: Analysis of Van Gen den Loos case

Facts
The case concerned Van Gend en Loos, a Dutch postal transportation company that imported a chemical product – ureaformldehyde - from West Germany to the Netherlands. The Dutch customs authorities charged them a tariff on the import, so Van Gen den Loos objected it violated the principle of the free movement and argued so that the tariff was contrary to the law of the Treaties.
For instance, the company reported ...view middle of the document...

* Yes. A higher tariff has been imposed, implying a breach of Treaty’s obligations.

Court’s Reasoning

The case of Van Gend en Loos affirms for the first time that Community law is a separate legal system, distinct from, though closely linked to, both international law and the legal system of the Member States.
Analysing the dispute the CJEU firmly claims that Article 12 EEC is capable of creating personal rights for Van Gen den Loos. Essentially the Court gives guidance as to when a treaty article would be directly effective and holds that, in ascertain whether the norms of the Treaty has direct effect, it is necessary to take into account the “spirit, general scheme, and wording of those provisions”.
It states, then, for its objective of the Treaty of Rome is more than an agreement, which merely creates mutual obligations between the contracting member states and underlines that it aims at creating a common market, for the benefits of individuals. The Treaty also contains establishments of institutions that are endowed with sovereign rights, the exercise of which affects both the States and their citizens. This view is confirmed indeed by the preamble to the Treaty, which not only addresses to government, but also to people.
Therefore, it follows that, the Community constitutes a new legal order of international law for the benefit of which Member States have limited their sovereign rights and the subject of which compromise not only them, but also their nationals. EU Law not only does set mutual duties between the signatory states, but it is able to grant the citizens rights before the national courts: it in fact not only imposes obligations on individuals, but is also intends to concede them rights, which become “part of their legal heritage”.
Moreover, analyzing the wording of Art. 12, the judges consider that its content establishes a negative obligation, which is a clear and unconditional prohibition, and that is not associated with any reservation on the part of the states, which would make its implementation conditional upon a...

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