Van Gend En Loos V Nederlandse Administratie Der Belastingen - Commentary

Commentary

The case is authority for the proposition that articles of the EC treaty are directly effective (as distinct from directly applicable) in their application against the state.

The case illustrates the creative jurisprudence of the European Court of Justice. The concept of direct effect is not mentioned in the treaty. The court held that such a doctrine was necessary in order to ensure the compliance of member states with their obligations under the Treaty of Rome.

The case illustrates a procedure of enforcement of EC law at the national level—direct effect does not require the Commission to bring an action against the state. This is significant, because it provides a more effective, distributed enforcement mechanism.

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