Economics 3366A/B Study Guide - Quiz Guide: No Substance, Turnover Tax, Treaty Of Rome
22 Sep 2020
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Argued that national legislation was contrary to the ec treaty. Supremacy cannot be called into question by the application of diverting national laws/rules. European community creates a body of law which binds both their nationals and the. Denied entry to the uk because she works for scientology. Challenged decision on grounds of ec primary law (art. Cjeu held that primary and secondary law both produce direct effect. A directive can be invoked by individuals in national courts. Did not need to pay turnover tax if germany had implemented the directive in time. Cjeu ruled that the member state had the duty to adopt this directive effectiveness of directive would be otherwise diminished if persons are prevented from relying on it. Wherever the provisions of a directive appear to be unconditional and sufficiently precise, those provisions may, in the absence of implementing measures adopted, be relied upon against the state. Contract cancelled in time of directive but not national law.
