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Created by Chief Lawiki on 21 October 2009, at 16:19



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Flaminio Costa v E.N.E.L.
ECJ
short name: {{{short_name}}}
Submi Date:
Submit Year:
Date decided: July 15
Year decided: 1964
FullName: Flaminio Costa v E.N.E.L.
CelexID: {{{CelexID:}}}
CaseNumber: 6/64
Chamber: Full court
Nationality: Italy
Procedural: Giudice conciliatore di Milano, Sezione I, ordinanza del 16/01/1964 21/01/1964 (RG 1907/63)
Judge Rapporteur: Robert Lecourt
JudgePresident: {{{JudgePresident}}}
Advocate General: Maurice Lagrange
Instruments Cited:
Legislation Affecting:
Keywords
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(C-6/64). An Italian citizen challenged the right of a national energy company to charge fees, on the basis that its very existence was contrary to EC law. The state argued that, were the European Court of Justice to rule that the company was invalid, it would undermine a fundamental principle of national constitutional law. Nevertheless, the ECJ did so rule, basing its decision on what was then Art. 189 of the ECTreaty -- Regulations are to have immediate, binding effect. For a member state to give priority to any feature of national law, however fundamental, would go against the very purpose of the Community. See also EUGeneralPrinciplesOfLaw.
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