Case 6/64 Costa v ENEL 
- Italy is a member of the EU, or the European Economic Community (EEC) as was
- An Italian citizen claimed that he need not pay a higher price for electricity as a result of the nationalisation of the Italian electricity sector, in violation of EEC law
- Did the nationalisation violate EU law?
- Could ENEL (the nationalised electricity company) be prevented from suing Costa for his non-payment in the European Court of Justice?
- Only the Italian Constitutional Court could decide whether the nationalisation violated EEC law
- In turn, they would also be required to decide whether ENEL could sue Costa
- In principle, as the Treaty of Rome has no direct buy xanax fast delivery effect on individual citizens, a claim could not be bought against a government by anyone except the Commission, so the claim failed
- The Court of Justice did provide the following guidance, however:
- [EU] law is an independent source of law
- It may not be overridden by domestic legal provisions
- A contrary view would undermine the Union’s character and affect its ability to achieve its objectives
- Where the case in question is the result of questions asked under a preliminary reference procedure, the Court of Justice of the European Union may extrapolate from the questions asked
Posted in EU Law Revision Notes.
This page was last updated on 30th April 2015