Article 12 EEC Treaty
E1022577
Article 12 EEC Treaty is a foundational provision of the original European Economic Community Treaty that prohibits member states from introducing new customs duties or increasing existing ones in trade between them, and was famously recognized as having direct effect in EU law.
Statements (45)
| Predicate | Object |
|---|---|
| instanceOf |
Provision of primary EU law
ⓘ
Treaty provision ⓘ |
| aimsAt |
Elimination of customs barriers within the common market
ⓘ
Facilitation of free movement of goods ⓘ |
| appliesIn | Intra-Community trade ⓘ |
| appliesTo |
Member States of the European Economic Community
NERFINISHED
ⓘ
Trade between Member States ⓘ |
| basisFor | Doctrine of direct effect in EU law ⓘ |
| bindingOn | All EEC Member States ⓘ |
| category | Prohibition of fiscal barriers ⓘ |
| directEffectRecognizedIn | Van Gend en Loos judgment NERFINISHED ⓘ |
| doesNotRequire | Prior implementation by national legislation ⓘ |
| enforceableBy | Individuals before national courts ⓘ |
| enteredIntoForceWith | Treaty of Rome 1957 NERFINISHED ⓘ |
| famousCase | Case 26/62 Van Gend en Loos v Nederlandse Administratie der Belastingen NERFINISHED ⓘ |
| hasCharacteristic |
Clear and unconditional obligation
ⓘ
Not dependent on further implementing measures ⓘ |
| hasDirectEffectSince | 1963 ⓘ |
| hierarchicalLevel | Primary law ⓘ |
| interpretedBy |
Court of Justice of the European Union
NERFINISHED
ⓘ
European Court of Justice NERFINISHED ⓘ |
| language | Originally drafted in multiple official EEC languages ⓘ |
| legalDoctrineSupported | Supremacy of Community law over conflicting national law ⓘ |
| legalEffect | Invalidates conflicting national customs measures ⓘ |
| legalNature | Negative obligation on Member States ⓘ |
| legalStatus | Historical provision superseded by later Treaty renumbering ⓘ |
| legalSystem | European Union law NERFINISHED ⓘ |
| objective |
Ensure uniform customs regime within the Community
ⓘ
Prevent protectionism through customs duties between Member States ⓘ |
| partOf |
EEC Treaty
NERFINISHED
ⓘ
Treaty establishing the European Economic Community NERFINISHED ⓘ |
| prohibits |
Increase of existing charges having equivalent effect between Member States
ⓘ
Increase of existing customs duties between Member States ⓘ Introduction of new charges having equivalent effect between Member States ⓘ Introduction of new customs duties between Member States ⓘ |
| recognizedAs | Directly effective provision of EU law ⓘ |
| relatedConcept |
Charges having equivalent effect to customs duties
ⓘ
Common customs tariff NERFINISHED ⓘ |
| relatedTo |
Customs union of the European Economic Community
NERFINISHED
ⓘ
Free movement of goods in the EEC ⓘ |
| replacedBy | Article 30 EC Treaty NERFINISHED ⓘ |
| subjectMatter |
Charges having equivalent effect to customs duties
ⓘ
Customs duties ⓘ |
| successorProvision | Article 30 EC Treaty ⓘ |
| temporalEffect | Applies from entry into force of the EEC Treaty ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.