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Van Gend en Loos is the case that came before the European Court of Justice of (ECJ) as a request for a preliminary ruling procedure about a discussion over tariff policies of Netherlands, by the Tariefcommissie, which is a Dutch court, under subparagraph (a) of the first paragraph of the Article
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Van Gend en Loos, a postal and transportation company, imported urea formaldehyde from West Germany to the Netherlands. The authorities charged them a tariff on the import. Van Gend en Loos objected, stating that it was a clear violation of Article 12 of the Treaty of Rome (now replaced by Article 30 TFEU), which stated:
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Document 61962CJ0026 Judgment of the Court of 5 February 1963. NV Algemene Transport- en Expeditie Onderneming van Gend & Loos v Netherlands Inland Revenue Administration. Reference for a preliminary ruling: Tariefcommissie - Netherlands. Case 26-62. English special edition 1963 00001 ECLI identifier: ECLI:EU:C:1963:1 Expand all Collapse all
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Van Gend en Loos ( VGL) was understood very differently at the time to how it is understood today. 1 Within the Court, it was seen as a compromise judgment 2 and the distinguished comparatists, Riesenfeld and Buxbaum, noted that the judgment neither ventured "beyond the line of minimum exposure" nor engaged in "a premature en tanglement with con.
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Van Gend en Loos is a case with more than a single protagonist—central both to its genesis and its subsequent impact. The very decision by the Dutch court to make a preliminary reference (and the truly breakthrough decision of the lawyers who pleaded the case to request such) was not only procedurally and politically bold but conceptually.
Erfgoed spat van de Van Gend en Loosmuren De Erfgoedstem
This chapter discusses the Court's 1963 judgment, Van Gend en Loos, where the Court declared that European law could be relied upon by private individuals before their national courts.The direct effect of European law is often understood as empowering private individuals and national courts, as supplementing the European Commission-initiated compliance procedure set out in Article 169 of the.
Monumentenwerkgroep Helmond Oude van Gend en Loos gebouw
In Van Gend en Loos [1] it was decided that a citizen was able to enforce a right granted by European Community legislation against the state - the question of whether rights could be enforced against another citizen was not addressed. In Defrenne v.
Het kantoor van Van Gend en Loos op de Groenmarkt, Tiel (1901) Tiel, Loos, Multi Story Building
Direct effect was established in 1963 in Van Gend en Loos (case 26/62) whilst supremacy was developed a year later in Costa v ENEL (case 6/64) . The two cases relate in that "in Van Gend en Loos, the autonomy of the rights and of the legal order which gave them birth predicted the outcome in Costa" .
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Luxembourg & Belgium and Van Gend en Loos, 31 and that, taken together, it is clear that a causal relationship between the ECJ's Luxembourg & Belgium, Van Gend en Loos, and Costa v. ENEL decisions was intermittently acknowledged by scholars or ECJ judges back in the 1960s when these remarkable decisions were being taken. 4.1. Lecourt, 1991
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The product imported by Van Gend & Loos was, at the time of the entry into force of the Treaty of Rome (1 January 1958), subject to a customs duty charged at 3 %, as it was classified under heading 279-a-2 of the 1947 customs tariff. Under the 1960 tariff, the product was moved to heading 39.01-a-1, to which a higher duty of 8 % was attached.
Monumentenwerkgroep Helmond Oude van Gend en Loos gebouw
Van Gend en Loos raised the question whether a provision of the treaty (art. 12 TEU) could be a source of individual rights that national courts should protect. To answer this question, the Court of Justice insisted on the nature of the Community legal order, a nature justifying the capacity of provisions mentioned in the treaty to create.
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The Van Gend & Loos case was triggered by a company that claimed that Dutch customs duties on a product imported from West Germany were in violation of the standstill clause contained in Article 12 of the Treaty of Rome.
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The Van Gend en Loos judgment is consequently not just a historical event of limited importance for contemporary affairs. It constitutes a focal point for a rich patchwork of constantly reproduced historical memory and myths used for ideological purposes. This makes the judgment particularly ripe for historical analysis.
Last ride stagecoach Van Gend en Loos and Utrecht Date March 7, 1968 Location Utrecht Keywords
Case Document Date Name of the parties Subject-matter Curia EUR-Lex Link; C-26/62: Opinion ECLI:EU:C:1962:42: 12/12/1962: van Gend en Loos
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Een wagen met paarden van Van Gend en Loos. Geheugen van Oost
The De Algemeene Postwagen Onderneming J.B. van Gend & Loos (General Postal Carriage Company J.B. van Gend & Loos) gradually expanded its network of diligence services, to transport passengers, goods and money. The company remained active in the Low Countries (and beyond) when Belgium became independent from the Netherlands in 1830.
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Van Gend & Loos stands for the proposition that the European Union (or European Economic Community as it was known then) is 'a new legal order', different from 'ordinary institutional organisations' in that the laws of the European Union are part of the law of the land of each of the member states, for national judges to enforce (Van Gend & Loos.
