Politi SAS v Ministry for Finance of the Italian Republic

EU regulations are directly applicable and may create rights for individuals that national courts must protect.

Citation
Case 43/71, [1971] ECR 1039
Court
Court of Justice of the European Union
Year
1971
Subject
EU Law
Topic
Direct effect of Treaty articles and regulations

Facts

Politi imported pork products into Italy and was charged import duties and other charges by the Italian authorities. It argued that these charges were contrary to EU regulations on the common organisation of the market in pigmeat, which prohibited such charges. The Italian court asked the Court of Justice whether the regulations had direct effect.

Legal principle

The Court of Justice held that, by reason of their nature and their function in the system of the sources of EU law, regulations have direct effect and are, as such, capable of creating individual rights which national courts must protect. Under what is now article 288 of the Treaty on the Functioning of the European Union, a regulation is binding in its entirety and directly applicable in all Member States. The charges were therefore unlawful.

Related cases on direct effect of Treaty articles and regulations

Studying EU Law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions