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.
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
- Angonese v Cassa di Risparmio di Bolzano SpA Case C-281/98, [2000] ECR I-4139
- Commission v Italy (Premiums for slaughtering cows) Case 39/72, [1973] ECR 101
- Courage Ltd v Crehan Case C-453/99, [2001] ECR I-6297
- Defrenne v Sabena (No 2) Case 43/75, [1976] ECR 455
- Grad v Finanzamt Traunstein Case 9/70, [1970] ECR 825
- Leonesio v Italian Ministry of Agriculture and Forestry Case 93/71, [1972] ECR 287
- Muñoz y Cia SA v Frumar Ltd Case C-253/00, [2002] ECR I-7289
- Reyners v Belgium Case 2/74, [1974] ECR 631
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