Traduction de «supremazia del diritto comunitario » (Italien → Anglais) :

According to the Court of Justice, where, by virtue of domestic law, national courts must raise of their own motion points of law based on binding domestic rules which have not been raised by the parties, such an obligation also exists where binding Community rules, such as the EC competition rules, are concerned. The position is the same if domestic law confers on national courts a discretion to apply of their own motion binding rules of law: national courts must apply the EC competition rules, even when the party with an interest in application of those provisions has not relied on them, where domestic law allows such application by th ...[+++]e national court. However, Community law does not require national courts to raise of their own motion an issue concerning the breach of provisions of Community law where examination of that issue would oblige them to abandon the passive role assigned to them by going beyond the ambit of the dispute defined by the parties themselves and relying on facts and circumstances other than those on which the party with an interest in application of those provisions bases his claim(7).

Born 1957; Law studies (Universities of Bonn and Geneva); Law degree (Washington University); Doctor in Laws (Heidelberg University, 1985; Harvard University,1990); visiting professor at the University of Berkeley (1991); Professor of German and foreign public law, international law and European law at the University of Düsseldorf (1994); deputy judge at the International Conciliation and Arbitration Court of the Organisation for the Security and Cooperation in Europe (OSCE); Deputy Chair of the Federal Government's Advisory Council on Global Change (WBGU, 1996); Professor of International Law, International Business Law and European Law in the Law Faculty at the University of St Gallen (1999); ...[+++]Director of the Institute for European and International Business Law at the University of St Gallen (2000); Deputy Director of the Master of Business Law programme at the University of St Gallen (2001); Advocate General at the Court of Justice since 7 October 2003.

The Court of Justice was asked whether such a time-limit was compatible with Community law. It ruled in judgments of 1998 (Edis and others) that the Member States retain the right to resist actions for repayment of charges levied in breach of Community law by relying on a time-limit, even if the time-limit is less generous than the time-limit for actions between private individuals for the recovery of sums paid but not due, provided that it applies both to actions based on Community law and to actions based on national law and that it is not adopted specifically to block those claims for repayment after the charges in question have been held to be incompatible ...[+++]with Community law.

(17) In accordance with the principle of the primacy of Community law, no measure taken pursuant to national laws on competition should prejudice the uniform application throughout the common market of the Community competition rules or the full effect of any measures adopted in implementation of those rules, including this Regulation,

The authorities in the Member States, whether at national, regional, provincial, communal or other level, must therefore ensure the primacy of Community law and full respect for the freedoms which it lays down.

The European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles which are common to the Member States.