1978

ECJ

Administrazione delle Finanze dello Stato v Simmenthal S.p.A. Case 106/77 European Court of Justice

A company registered in Monza, imported from France via Modane a consignment of beef for human consumption. It has to pay veterinarian and public health inspections, which the company claimed were obstacles to the free movement of goods forbidden. The court of Justice held that it was indeed contrary to the community rules, the Pretore di Susa ordered the Administrazione to repay the fees, the Administrazione appealed on the ground of incompatibility of community rules with a subsequent national law.

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 provisions by legislative or other constitutional means