Costa v ENEL (Jurisdiction of the Court) [1964] EUECJ C-6/64 (15 July 1964)

Costa v ENEL (Jurisdiction of the Court) [1964] EUECJ C-6/64 (15 July 1964)

The Court held that the EEC Treaty has created its own legal system which, on the entry into force of the Treaty, became an integral part of the legal systems of the Member States and which their courts are bound to apply. National law cannot override Community law.

Source-derived case information.

Citation
[1964] EUECJ C-6/64
Parties
Applicant: Flaminio Costa; Respondent: ENEL (Ente Nazionale per l'Energia Elettrica)
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Court of Justice of the European Communities Preliminary Ruling
Outcome
Preliminary ruling issued; national law cannot override EEC Treaty obligations.
Legal Topics
Supremacy of EU Law, Direct Effect, Interpretation of Treaties
European Union Law Constitutional Law Supremacy of EU Law Direct Effect Interpretation of Treaties

Source-derived case record

Summary, issues, holding and outcome

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Parties

Flaminio Costa

Applicant

ENEL (Ente Nazionale per l'Energia Elettrica)

Respondent

Procedural Posture

Preliminary Reference / Court of Justice of the European Communities Preliminary Ruling

Legal Issues

  1. 1 Whether provisions of the EEC Treaty have direct effect in national law
  2. 2 Whether national law can override obligations under the EEC Treaty

Ratio Decidendi

The Court held that the EEC Treaty has created its own legal system which, on the entry into force of the Treaty, became an integral part of the legal systems of the Member States and which their courts are bound to apply. National law cannot override Community law.

Court Disposition

Preliminary ruling issued; national law cannot override EEC Treaty obligations.

Orders

  • Italian courts must give effect to EEC Treaty provisions even if in conflict with national law.