List of European Court of Justice Rulings - Principles of Union Law - Primacy

Primacy

  • Costa v ENEL 6/64 ECR 585

Community law takes precedence over the Member States own domestic law.

  • Simmenthal II 106/77 ECR 629

Duty to set aside provisions of national law which are incompatible with Community law.

  • Marleasing C-106/89 ECR I-7321

National law must be interpreted and applied, insofar as possible, so as to avoid a conflict with a Community rule.

  • Factortame I C-213/89 ECR I-2433

Duty on national courts to secure the full effectiveness of Community law, even where it is necessary to create a national remedy where none had previously existed.

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