CostaVEnel - COSTA v ENEL seeing respect that the Member...

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COSTA v ENEL seeing that the Member States respect those obligations which have been imposed upon them by the Treaty and which bind them as States without creating individual rights, but this obligation on the part of the Commission does not give individuals the right to allege, in Community law or under Article 177, either failure by the State concerned to fulfil any of its obliga­ tions or breach of duty on the part of the Commission. 5. Article 102 of the EEC Treaty contains no provisions which are capable of creating individual rights which national courts must protect. 11. 6. Article 93 of the EEC Treaty con­ tains no provisions which are cap­ able of creating individual rights which national courts must protect. 7. A Member State's obligation under the EEC Treaty, which is neither subject to any conditions nor, as regards its execution or effect, to the adoption of any measure either by the States or by the Commission, is legally complete and consequently capable of producing direct effects on the relations between Member States and individuals. Such an obligation becomes an integral part of the legal system of the Member States, and thus forms part of their own law, and directly concerns their nationals in whose favour it has created individual rights which national courts must protect. 8. Article 53 of the EEC Treaty constitutes a Community rule cap­ able of creating individual rights which national courts must protect. 9. Article 53 of the EEC Treaty is satisfied so long as no new measure subjects the establishment of na­ tionals of other Member States to more severe rules than those pres­ cribed for nationals of the country of establishment, whatever the legal system governing the undertakings. 10. Article 37 (2) of the EEC Treaty constitutes in all its provisions a rule of Community law capable of creat­ ing individual rights which national courts must protect. The provisions of Article 37 (2) of the EEC Treaty have as their object the prohibition of any new measure contrary to the principles of Article 37 (1), that is any measure having as its object or effect a new discrimina­ tion between nationals of Member States regarding the conditions in which goods are procured and marketed, by means of monopolies or bodies which must, first, have as their object transactions regarding a commercial product capable of being the subject of competition and trade between Member States, and secondly must play an effective part in such trade. It is a matter for the court dealing with the main action to assess in each case whether the economic activity under review relates to such a product which, by virtue of its nature and the technical or inter­ national conditions to which it is subject, is capable of playing such a part in imports or exports between nationals of the Member States.
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