Judgment of the Court of Justice, Foto-Frost, Case 314/85 (22 October 1987)

According to the Foto-Frost judgment, national courts may consider the validity of a Community act. However, national courts themselves have no jurisdiction to declare that a Community act is invalid (in this case, a Commission decision). Only the Court of Justice, responsible for ensuring that Community law is applied uniformly in all the Member States, has the jurisdiction both to declare void or invalid an act of a Community institution.

Source and copyright

Source: Reports of Cases before the Court. 1987. [s.l.].

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