Supremacy

Question 1

Supremacy

Answer 1

EU law takes precedence over conflicting provisions of national law

Question 2

Case: Costa v. ENEL (1964)

Answer 2

Held: EU law takes precedence over post-dated national legislation that conflicts with it.

By establishing the community, MS accepted a permanent limitation on their sovereign rights, creating a body of law binding their nationals and themselves.

Question 3

Case: Internationale Handelsgesellschaft GbmH

Answer 3

Held: EU law takes precedence over all forms of national law. National courts must set aside national provisions that conflict with EU law

Question 4

Case: Simmenthal (1978)

Answer 4

Held: national courts must apply EU law in its entirety. Any conflicting national law must be set aside, whether prior or subsequent to EU rule

Question 5

Case: Factortame II (1990)

Answer 5

Held: Fully effectiveness of EU law would be impaired if a national rule could prevent the grant of interim relief. The national court must set aside that rule