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4 - Dairy Products, 1964

No Inter-State Retaliation

Published online by Cambridge University Press:  04 November 2020

William Phelan
Affiliation:
Trinity College Dublin
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Summary

This chapter discusses the Court’s 1964 judgment, Dairy Products, where the Court declared that self-help mechanisms of reciprocity and retaliation, so important in many trade treaty systems, were comprehensively prohibited within the European legal order. This judgment is often rightly understood as marking an essential difference between European law and general international law. This chapter demonstrates that the principle announced in Dairy Products was also directly connected to the direct effect and supremacy doctrines of European law, again as shown by national court enforcement of treaty obligations in other treaty systems, and by the writings of judge Lecourt.

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Great Judgments of the European Court of Justice
Rethinking the Landmark Decisions of the Foundational Period
, pp. 84 - 122
Publisher: Cambridge University Press
Print publication year: 2019

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  • Dairy Products, 1964
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.005
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Dairy Products, 1964
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Dairy Products, 1964
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.005
Available formats
×