Judgment of the Court, Franz Grad/Finanzamt Traunstein, Case 9/70 (6 October 1970)

It emerges from the judgment of the Court of Justice of 6 October 1970, in Case 9-70, Franz Grad v Finanzamt Traunstein, that it would be incompatible with the binding effect attributed to decisions by Article 189 of the EEC Treaty (now Article 249 of the EC Treaty) to exclude in principle the possibility that persons affected may invoke the obligation imposed by a decision before the national courts. Therefore, in each particular case, it must be ascertained whether the nature, background and wording of the provision in question are capable of producing direct effects in the legal relationships between the addressee of the act and third parties.

Source and copyright

Source: Reports of Cases before the Court. 1970. [s.l.].

Copyright: (c) Court of Justice of the European Union

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