Cases on ExcellentWiki - Legal Encyclopedia

Van Gend en Loos (1963): The Foundation of Direct Effect

Sun, 05 Jul 2026 00:00:00 +0000

Van Gend en Loos v Nederlandse Administratie der Belastingen (Case 26/62) is the foundational judgment of European Union law. Decided by the European Court of Justice on 5 February 1963, it established the doctrine of direct effect, enabling individuals to invoke Treaty provisions before national courts. The case transformed the European Economic Community from a traditional international organization into a new legal order conferring rights on individuals. It is widely regarded as the most important judgment in the history of European integration — the EU’s Marbury v Madison.

Costa v ENEL (1964): The Supremacy of EU Law

Sun, 05 Jul 2026 00:00:00 +0000

Costa v ENEL (Case 6/64) is the landmark judgment in which the European Court of Justice established the doctrine of supremacy of EU law over conflicting national law. Decided on 15 July 1964, one year after Van Gend en Loos, it completed the constitutional foundation of EU law by ensuring that Community law could not be unilaterally overridden by subsequent national legislation. Together with Van Gend en Loos, Costa established the twin pillars of the EU legal order: direct effect and supremacy.

Internationale Handelsgesellschaft (1970): Fundamental Rights in EU Law

Sun, 05 Jul 2026 00:00:00 +0000

Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 11/70) is a seminal judgment of the European Court of Justice that established fundamental rights as general principles of EU law. Decided on 17 December 1970, the case arose from a direct challenge to the compatibility of a Community agricultural regulation with German constitutional fundamental rights. The case triggered a constitutional dialogue between the ECJ and the German Federal Constitutional Court that shaped the development of fundamental rights protection in the EU legal order.

Mangold (2005): General Principles and Horizontal Direct Effect

Sun, 05 Jul 2026 00:00:00 +0000

Mangold v Helm (Case C-144/04) is a landmark judgment of the European Court of Justice that established that the general principle of non-discrimination on grounds of age has horizontal direct effect in disputes between private parties. Decided on 22 November 2005, the case significantly expanded the reach of general principles of EU law and remains among the most controversial decisions in EU legal history, provoking sustained academic criticism and raising fundamental questions about judicial lawmaking, legal certainty, and the limits of EU competence.