Since, in accordance with Article 189 of the EEC Treaty and the established case-law of the Court of Justice of the European Communities, directly applicable Community provisions must, notwithstanding any internal rule or practice whatsoever of the Member States, have full, complete and uniform effect in their legal systems in order to protect subjective legal rights created in favour of individuals, is the scope of the said provisions to be interpreted to the effect that any subsequent national measures which conflict with those provisions must be forthwith disregarded without waiting until those measures have been eliminated by action on the part of the national legislature concerned (repeal) or of other constitutional authorities (declaration that they are unconstitutional) especially, in the case of the latter alternative, where, since the national law continues to be fully effective pending such declaration, it is impossible to apply the Community provisions and, in consequence, to ensure that they are fully, completely and uniformly applied and to protect the legal rights created in favour of individuals?

A national court must give full effect to Community law provisions, disregarding any conflicting national legislation, without awaiting legislative or constitutional action to set aside such provisions.

Arising out of the previous question, in circumstances where Community law recognizes that the protection of subjective legal rights created as a result of 'directly applicable' Community provisions may be suspended until any conflicting national measures are actually repealed by the competent national authorities, is such repeal in all cases to have a wholly retroactive effect so as to avoid any adverse effects on those subjective legal rights?

The second question has no purpose because national courts must protect rights conferred by Community law without waiting for national measures to be set aside by authorities.

National courts must disregard conflicting national laws to apply Community law fully.

Judgment of the Court · 9 maart 1978 · Judgment · Preliminary ruling

Judgment of the Court of 9 March 1978. - Amministrazione delle Finanze dello Stato v Simmenthal SpA. - Reference for a preliminary ruling: Pretura di Susa - Italy. - Discarding by the national court of a law contrary to Community law. - Case 106/77.

Rechtsvraag

The central legal issue is whether a national court must give full effect to Community law provisions by disregarding any conflicting national legislation, even if the national legislation was adopted subsequently and without awaiting its repeal or declaration of unconstitutionality by other national authorities.

Regel

Art. 189, EEC Treaty (Direct Applicability of Community Law): Community law provisions are directly applicable in member states and create rights and duties for individuals and member states.
Principle of Precedence of Community Law: Community law takes precedence over conflicting national law, rendering the latter automatically inapplicable upon the former's entry into force.
Art. 177, EEC Treaty (Preliminary Rulings): National courts may refer questions on the interpretation or validity of Community law to the European Court of Justice to ensure uniform application across member states.

Conclusie

The Court concluded that national courts are obligated to give full effect to Community law provisions, disregarding any conflicting national legislation, whether adopted before or after the Community law, without needing to wait for its repeal or declaration of unconstitutionality by other national authorities.

Tijdlijn

30-12-1970 The Italian Government enacts Law No 1239/70, which includes provisions for veterinary and public health fees on beef and veal imports.
15-12-1976 The ECJ delivers its judgment in Case 35/76 (Simmenthal SpA v Italian Minister for Finance), holding that the veterinary and public health fees levied by Italy are incompatible with Community law.
28-07-1977 The Pretore di Susa issues an order for a preliminary ruling from the ECJ, questioning the direct applicability of Community law when it conflicts with subsequent national law.
29-08-1977 The ECJ receives the preliminary questions from the Pretore di Susa regarding the direct applicability of Community law.
22-12-1977 The Italian Constitutional Court delivers Judgment No 163/77, declaring certain provisions of Law No 1239/70, including those at issue, unconstitutional.
09-03-1978 The ECJ delivers its judgment in Case 106/77 (Amministrazione delle Finanze dello Stato v Simmenthal SpA), ruling that national courts must apply Community law in its entirety and set aside any conflicting national law without awaiting its repeal or declaration of unconstitutionality.