Simmenthal

E1022580

case of the Court of Justice of the European Communities judgment of the European Court of Justice landmark court decision

Simmenthal is a landmark decision of the European Court of Justice that reinforced the supremacy and direct effect of European Community law over conflicting national legislation.

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Observed surface forms (1)

Surface form	Occurrences
Simmenthal II	1

Statements (42)

Predicate	Object
instanceOf	case of the Court of Justice of the European Communities ⓘ judgment of the European Court of Justice ⓘ landmark court decision ⓘ
areaOfLaw	EU constitutional law NERFINISHED ⓘ direct effect of EU law ⓘ supremacy of EU law ⓘ
authorityLevel	leading authority on primacy of EU law ⓘ
caseNumber	Case 106/77 NERFINISHED ⓘ
citationStyle	Case 106/77, Amministrazione delle Finanze dello Stato v Simmenthal SpA NERFINISHED ⓘ
citedAsPrecedentIn	cases on direct effect of EU law ⓘ cases on primacy of EU law ⓘ
countryOfOrigin	Italy ⓘ
court	European Court of Justice NERFINISHED ⓘ
decisionDate	1978-03-09 ⓘ
educationUse	commonly taught in EU law courses ⓘ
effectOnJudiciaries	strengthens role of ordinary national courts in enforcing EU law ⓘ
effectOnNationalLaw	requires immediate disapplication of incompatible national provisions ⓘ
fullName	Amministrazione delle Finanze dello Stato v Simmenthal SpA NERFINISHED ⓘ
holding	national courts do not need to await the prior setting aside of national law by a constitutional court or legislature ⓘ national courts must disapply conflicting national law on their own authority ⓘ national courts must give full effect to directly effective provisions of Community law ⓘ national courts must set aside any conflicting national legislation ⓘ
impact	clarified obligations of national courts when faced with conflicting national and Community law ⓘ
involvedInstitution	Italian national courts NERFINISHED ⓘ
jurisdiction	Member State courts of the European Communities ⓘ
languageOfProceedings	Italian ⓘ
legalOrder	European Community law NERFINISHED ⓘ European Union law NERFINISHED ⓘ
legalSystem	European Communities legal system NERFINISHED ⓘ
party	Amministrazione delle Finanze dello Stato NERFINISHED ⓘ Simmenthal SpA NERFINISHED ⓘ
principleAffirmed	direct effect of Community law provisions ⓘ duty of national courts to protect rights conferred by Community law ⓘ supremacy of Community law over conflicting national law ⓘ
region	Europe ⓘ
reinforcesCaseLaw	Costa v ENEL NERFINISHED ⓘ Internationale Handelsgesellschaft NERFINISHED ⓘ
relatedConcept	direct applicability ⓘ disapplication of national law ⓘ primacy of EU law ⓘ
subjectMatter	conflict between Italian legislation and directly effective Community law provisions ⓘ
yearDecided	1978 ⓘ

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Van Gend en Loos → citedBy → Simmenthal ⓘ

Costa v ENEL → citedBy → Simmenthal ⓘ

this entity surface form: Simmenthal II