Simmenthal II decision
In the Simmenthal II decision of 1977 by the ECJ , the latter positioned itself on the question of the primacy of Union law and, in particular, the question of the authority to reject national law contrary to Union law. The judgment followed on from the fundamental decision by Costa ENEL and an international trading company. In particular, the ECJ stated that any national court could declare national law contrary to Union law inapplicable.
facts
The Simmenthal company had to pay taxes at the border crossing because of health inspections. In the Simmenthal I judgment, the ECJ declared this to be contrary to Union law on presentation of the competent Italian court. When the Italian tax authorities lodged an objection, the Italian court referred again with the question of whether it was also empowered to declare national law inapplicable or whether this competence lay with the Constitutional Court, which had emphasized its own rejection competence .
Judgment of the ECJ
The ECJ again made some fundamental statements and emphasized, as was already laid out in Costa ENEL , that the lex posterior principle could not be applied to Union law, because otherwise uniform applicability would be at stake. He also stated explicitly for the first time that any national court could declare national law contrary to Union law inapplicable. The rejection monopoly of national constitutional courts did nothing to change this. This decision is justified in turn with the effect utile principle , which is intended to help ensure the effective effect of Union law.