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Outline the approach of the European Court of Justice in Van Gend en Loos, Defrenne v Sabena, Marshall v Southampton Area Health Authority and Francovich v Italy and consider the contribution these cases have made to the ability of the individual to enfo
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Outline the approach of the European Court of Justice in Van Gend en Loos, Defrenne v Sabena, Marshall v Southampton Area Health Authority and Francovich v Italy and consider the contribution these cases have made to the ability of the individual to enforce rights arising within European union Law. In the case of Van Gend en Loos v Netherlands Inland Revenue Administration, 19631 Van Gend en Loos had imported unreaformaldehyde from Germany into the Netherlands, which was charged as a custom duty. This violated the principle of the free movement of goods between member states laid out in article 12[25] of the Treaty of Rome. 'Member States shall refrain from introducing between themselves any new customs duties on imports or exports or any charges having equivalent effect, and from increasing those which they already apply in their trade with each other.'2 After this Van Gend en Loos claimed for reimbursement of the sum...
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