Treaties — Effect in municipal law — EEC Treaty, 1957 — Status of EEC Treaty provisions under municipal law — Direct effect — Provisions concerning elimination of quantitative restrictions — Treaty concerning the Accession of Greece to the European Communities, 1979 — Application of Community law with immediate effect from date of accession

Relationship of international law and municipal law — Treaties — Incorporation of provisions into municipal legal order — Greek Constitution, Article 28

International organizations — EEC — Institutions — Court of Justice of the European Communities — Preliminary rulings under Article 177 of EEC Treaty — Powers — Interpretation of treaty provisions — Binding nature of interpretation by Court of Justice for municipal courts

Economics, trade and finance — Import ban — Agriculture — Ban on import of bananas into Greece — Whether violating provisions of EEC Treaty concerning elimination of quantitative restrictions — Derogations for national market organizations during transitional period — Whether such organization existing for bananas — The law of Greece

Treaties — Effect in municipal law — EEC Treaty, 1957 — Status of EEC Treaty provisions under municipal law — Direct effect — Provisions concerning freedom of establishment — Articles 52 and 58 of Treaty — Treaty concerning the Accession of Greece to the European Communities, 1979 — Principle that Community law applies with full and immediate effect from date of accession

Relationship of international law and municipal law — Treaties — Incorporation of provisions into municipal legal order — Greek Constitution, Article 28

Economics, trade and finance — Right of establishment — EEC Treaty, 1957 — Articles 52 and 58 — Provisions concerning freedom of establishment of Community nationals and companies in other Member States — The law of Greece

Treaties — Effect in municipal law — EEC Treaty, 1957 — Articles 189 and 191 — Legislation enacted by the EEC institutions — Status under municipal law — Directives — Implementation under municipal law — Direct effect — Conditions — Whether directives capable of creating rights for individuals under municipal law

Treaties — Effect in municipal law — Treaty concerning the Accession of Greece to the European Communities, 1979 — Application of Community law with immediate effect from date of accession — Directives — Obligation for Greece to enact provisions of municipal law to secure compliance with existing Community directives from date of accession

Relationship of international law and municipal law — Treaties — Incorporation of provisions into municipal legal order — Greek Constitution, Article 28

International organizations — EEC — Institutions — Court of Justice — Preliminary rulings under Article 177 of EEC Treaty — Powers — Interpretation of treaty provisions — Binding nature of interpretation by Court of Justice for municipal courts

Economics, trade and finance — State aid — Industry — Aid compatible with Common Market — Public restructuring of Greek companies in severe financial difficulties — Compatibility with rules of EEC Council Directive 77/91 concerning protection of shareholders — The law of Greece

Treaties — Effect in municipal law — EEC Treaty, 1957 — Status of EEC Treaty provisions under municipal law — Articles 48, 52 and 59 of Treaty — Direct effect — Treaty concerning Accession of Greece to European Communities, 1979 — Application of Community law with immediate effect from date of accession — Derogations for transitional period

Relationship of international law and municipal law — Treaties — Incorporation of provisions into municipal legal order — Greek Constitution, Article 28

International organizations — European Economic Community — Institutions — Court of Justice — Powers — Binding nature of rulings by Court of Justice for municipal courts

Aliens — Right to non-discrimination — Scope of protection under EEC Treaty — Freedom of establishment — Whether including right to acquire land in other Community Member States — Whether acquisition must be associated with exercise of activity or provision of services in Member State concerned — The law of Greece

Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — Ireland — Constitution of Ireland — Whether exercise of treaty-making power subject to judicial review — Single European Act 1986 — Compatibility with Irish Constitution

Treaties — Conclusion and operation — Constitutional limitations — Accession of Ireland to Single European Act, 1986 — Extension of powers of European Communities — Compatibility with Irish Constitution — Whether special constitutional amendment required — Obligation for Member States to consult and coordinate in matters of foreign policy — Whether constituting a limitation of sovereignty

International organizations — EEC — Powers — Institutions — Extension of powers by Treaty — Council of the European Communities — Introduction of qualified majority voting — Court of Justice of the European Communities — Effect of decisions in municipal legal order of Member States — Creation of Court of First Instance

Treaties — Effect in municipal law — Priority of treaty provisions over conflicting provisions of municipal law — EEC Treaty, 1957 — Decisions of Council of the European Communities — Primacy of European Community law over contrary municipal law — The law of Ireland

Treaties — Effect in municipal law — EEC Treaty, 1957, Article 189 — Legislation enacted by EEC institutions — Status under municipal law — Regulations — Direct applicability

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Fundamental principles under national constitution — Reference to national Constitutional Court regarding constitutionality of municipal law giving effect to EEC provisions

Treaties — Conclusion and operation — Constitutional limitations — EEC Treaty, 1957 — Whether conclusion requiring special constitutional amendment — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courts — Italian Constitution, Article 11 — Permissible limitations of sovereignty

International organizations — EEC — Legal status — Powers — Regulations enacted by EEC Council — Whether subject to constitutional review by municipal courts of Member States

Human rights — Procedure for enforcement — Fundamental rights under Constitution of Italy — EEC Treaty, 1957, and secondary legislation — Possible conflict with fundamental rights under Italian Constitution — Whether EEC provisions subject to constitutional review by municipal courts to establish compatibility with fundamental constitutional rights — The law of Italy

Treaties — Effect in municipal law — EEC Treaty, 1957 — Article 189 — Legislation enacted by EEC institutions — Status under municipal law — Regulations — Primacy of EEC law over subsequently enacted municipal law — Whether provisions of EEC law take precedence over fundamental rights under national constitutions

Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — EEC regulations — Conflict with subsequently enacted municipal law — Whether municipal law automatically abrogated — Scope of role of national Constitutional Court in such circumstances — Powers of ordinary municipal courts to enforce direct applicability of EEC law

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Conflict between provisions of EEC regulations and municipal law — Reference to national Constitutional Court alleging unconstitutionality of conflicting municipal law — Whether provisions of EEC law prevailing over subsequently enacted municipal law

International organizations — EEC — Legal status — Powers — Regulations enacted by Council — Direct applicability — Institutions — Court of Justice of European Communities — Effect of decisions in municipal legal order of Member States

Human rights — Procedure for enforcement — Fundamental rights under Italian Constitution — EEC Treaty, 1957, and secondary legislation — Possible conflict with fundamental rights under Italian Constitution — Whether EEC provisions subject to constitutional review by municipal courts to establish compatibility with fundamental constitutional rights — The law of Italy

Treaties — Effect in municipal law — EEC Treaty, 1957 — Article 177 — Reference by municipal court for preliminary ruling by Court of Justice of the European Communities — Powers of Court of Justice to invalidate legislation of EEC institutions — Limitation of effect of declaration of invalidity so as not to cover municipal proceedings giving rise to ruling by Court of Justice — Legal basis — Whether compatible with fundamental rights under national constitutions

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Fundamental rights under national constitution — Reference to Constitutional Court alleging unconstitutionality of EEC provisions — Whether provisions of EEC law prevailing over fundamental constitutional rights

Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courts

International organizations — EEC — Institutions — Powers — Court of Justice — Power to invalidate legislation of EEC institutions — Limitation of retroactive effect of declarations of invalidity for reasons of legal certainty — Compatibility with fundamental right of individuals to judicial protection

Human rights — Procedure for enforcement — EEC — Right to judicial protection — Scope of judicial protection of individuals within the Community — Procedure under Article 177 of EEC Treaty — Preliminary rulings of Court of Justice — Declarations of invalidity of EEC regulations — Legal effects — Limitation of effects so as not to cover municipal proceedings giving rise to ruling by Court of Justice — Whether violating right of individuals to judicial protection

Human rights — Procedure for enforcement — Fundamental rights under Constitution of Italy — EEC Treaty, 1957, and legislation — Possible conflict with fundamental rights under Constitution of Italy — Whether EEC provisions subject to constitutional review by municipal courts to establish compatibility with fundamental constitutional rights — Whether protection of fundamental rights adequately safeguarded within Community legal order — The law of Italy

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by the EEC institutions — Status under municipal law — Directives — Implementation under municipal law — Direct effect — Conditions — Whether directives capable of creating rights for individuals under municipal law

Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Directives — Italian Constitution, Article 75 — Request for popular referendum to abrogate provisions of municipal law — Possible interference with implementation of Community directives by Italy — Whether referendum admissible in such circumstances

International organizations — EEC — Powers — Legislation — Directives enacted by Council — Direct effect — Institutions — Court of Justice of the European Communities — Effect of decisions in municipal legal order of Member States

Environment — Land — Control of use of pesticides in foodstuffs — EEC — Council Directives fixing maximum permitted levels for pesticide residues in foodstuffs — Implementation in municipal law — Referendum — Legality — The law of Italy

Treaties — Effect in municipal law — Conflict with municipal legislation — Primacy of treaty — EEC Treaty, Article 119 — Provision for equal pay — Primacy of EEC law over subsequently enacted municipal law

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by the Treaty — The law of Luxembourg

Treaties — Effect in municipal law — EEC Treaty, 1957 — Status of EEC Treaty provisions under municipal law — Whether governed by municipal law or dependent upon interpretation of Treaty itself — Direct effect of Treaty provisions

International organizations — EEC — Institutions — Court of Justice of the European Communities — Preliminary rulings under Article 177 of EEC Treaty — Powers — Interpretation of Treaty provisions — The law of the Netherlands

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by European Community institutions — Status under municipal law — Directives — Direct effect — Conditions — Primacy of Community law over contrary municipal law — Applicability to criminal proceedings — EEC Council Directive No 80/1263

Treaties — Effect in municipal law — Treaty concerning Accession of Spain and Portugal to the European Economic Community, 1985 — Extent of obligation of new Member States to align municipal legislation with existing Community law from date of accession

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Directives — Incorporation into municipal legal order — Portuguese Constitution, Article 8(3)

International organizations — EEC — Powers — Legislation — Directives enacted by Council — Status under municipal law — Portuguese Constitution, Article 8(3) — Court of Justice of the European Communities — Effect of decisions in municipal legal order of Member States — The law of Portugal

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Regulations — Direct applicability — Conditions — EEC Council Regulation No 1784/84 on the European Regional Development Fund

Treaties — Effect in municipal law — Act concerning Conditions of Accession of Spain and Portugal to the European Communities 1985 — Direct applicability of acts of Community institutions — Whether extending for new Member States to Community regulations enacted prior to their accession

Relationship of international law and municipal law — Treaties — Incorporation of provisions into municipal legal order — Portuguese Constitution, Article 8(3) — Direct effect of acts of international institutions of which Portugal is a member

Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Method of implementation under municipal law — Executive order — Constitutionality — Whether reference to Community law providing sufficient basis for exercise of executive regulatory powers — Portuguese Constitution, Article 115

International organizations — EEC — Legal status — Powers — Legislation — Regulations enacted by Council — Whether directly applicable in municipal legal order of Member States — EEC Treaty, 1957 — Article 189 — The law of Portugal

Treaties — Effect in municipal law — EEC Treaty, 1957 — Criteria for determining which provisions are directly applicable and create rights for individuals — Primacy of Community law over municipal law — Applicability to criminal proceedings

Treaties — Effect in municipal law — Treaty concerning the Accession of Spain and Portugal to the European Economic Community, 1985 — Extent of obligation of new Member States to align municipal legislation with existing Community law from date of accession

Relationship of international law and municipal law — Treaties — Incorporation of treaty provisions into municipal legal order — Spanish Constitution, Article 96 — Criteria for determining which treaty provisions have direct effect under municipal law

Economics, trade and finance — State commercial monopoly — European Community rules on freedom of trade and abolition of customs duties — Effect on State cigarette monopoly — Whether Community rules applicable to cigarettes originating outside the Community — The law of Spain

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Regulations — Direct applicability — Conditions — EEC Council Regulation No 570/86 on Trade between the Community and the Canary Islands

Treaties — Effect in municipal law — Treaty concerning the Accession of Spain and Portugal to the European Communities, 1985 and Protocol No 2 — Territorial scope of Community for customs purposes — Direct applicability of acts of Community institutions — Community regulation enacted shortly after accession of new Member States in execution of Protocol No 2

Relationship of international law and municipal law — Treaties — Incorporation of provisions into municipal legal order — Spanish Constitution, Article 93 — EEC Treaty, 1957 — Nature of legal order established by Treaty

Treaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Method of implementation under municipal law — Executive order — Legality — Reference to Community regulation as basis for exercise of executive regulatory powers

International organizations — EEC — Legal status — Powers — Legislation — Regulations enacted by Council — Whether directly applicable in municipal legal order of Member States — EEC Treaty, 1957 — Article 189 — Institutions — Court of Justice of the European Communities — Powers — Article 177 — Effect of decisions in municipal legal order of Member States

Economics, trade and finance — Taxation — EEC Treaty, 1957 — Customs union — Definition of the concept of “originating products” — EEC Council Regulation No 570/86 — The law of Spain

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Basic norms — Relationship to fundamental rights under national constitutions — Incorporation of basic norms into Spanish constitutional order — Spanish Constitution, Article 10(2)

Treaties — Effect in municipal law — EEC Treaty, 1957 — Incorporation into municipal legal order — Article 7 — Ban on discrimination on grounds of nationality

Human rights — Procedure for enforcement — Fundamental rights under Spanish Constitution — Interpretation by reference to international treaties — Article 10(2) of Constitution — Principle of non-discrimination — EEC Treaty, Article 7 — Article 14 of Constitution

Human rights — Procedure for enforcement — EEC — Right to non-discrimination — Scope of protection within municipal legal order of Member States — Proceedings for enforcement before national Constitutional Court

International organizations — EEC — Institutions — Court of Justice of European Communities — Effect of decisions in municipal legal order of Member States

Economics, trade and finance — EEC Treaty, Article 7 — Ban on discrimination on grounds of nationality — Scope of prohibition — Application of jurisprudence of Court of Justice of European Communities — The law of Spain

Treaties — Effect in municipal law — European Economic Community Treaty, 1957 — Primacy of EEC law over municipal law — Directives — Direct effect — Conditions — Failure of Member State to implement provisions of directive by specified time — Whether directive may be relied upon by individuals before municipal courts — Whether provisions sufficiently unconditional and precise — Margin of discretion left to Member States — Provisions involving choice from range of options — Body liable to provide benefit not identified — Whether directive can be relied upon by individuals to enforce payment against public body in national courts

International organizations — EEC — Liability of Member States — EEC Treaty, 1957 — Breach of Community law for which Member State responsible — Whether claim can be brought by individuals for non-implementation of Community directive against public body subject to State control

Treaties — Effect in municipal law — Treaty concerning the Accession of Spain and Portugal to the European Communities, 1985 — Act of Accession, Article 392 — Effect of acts of Community institutions — Community directives enacted prior to accession — Notification — Time limit for implementation

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Directives — Whether capable of conferring rights on individuals

Economics, trade and finance — Insolvency of companies — Protection of employees — EEC Council Directive 80/987 — Guarantee of unpaid wage claims — Implementation in Member States — Failure of Member State to comply with obligations — Whether individuals may enforce right to guarantee against public body before national courts — The law of Spain

Treaties — Effect in municipal law — Agreements between the European Community and third States — Conditions for direct applicability — EEC-Switzerland Free Trade Agreement, 1972 — Articles 13 and 20 — Whether creating directly enforceable rights for individuals

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC-Switzerland Free Trade Agreement, 1972 — Whether provisions of Agreement satisfying conditions for direct applicability

Treaties — Interpretation — Principles of interpretation — Clear text — Ordinary meaning — Reference to other treaties — Comparison with analogous provisions contained in another treaty — Whether legitimate method of interpretation where purpose of treaties is different

International organizations — EEC — Relationship with third States — Free Trade Agreement with Switzerland — Purpose — Whether requiring Switzerland to harmonize economic policy and legislation with that of the Community — Institutions — Court of Justice of the European Communities — Powers — Interpretation of Community agreements with third States — Whether interpretation by Court of Justice of analogous provisions of other Community agreements is binding upon courts of third State

Economics, trade and finance — Trade between European Community and third States — Industrial property — International group of companies holding same trademark in several countries — Prevention of “parallel” imports by exercise of trademark rights — Whether constituting measures with equivalent effect to quantitative restrictions — Whether violating EEC-Switzerland Free Trade Agreement, 1972 — The law of Switzerland

Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether treaty requiring implementation by municipal legislation — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 — Whether part of law of Scotland — Whether national court obliged to pay regard to the Convention — Whether Convention part of the law of the European Economic Community — Section 2(1) of the European Communities Act 1972 — Whether Convention taking effect in Scottish law as part of the law of the European Economic Community

Treaties — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 — Fourth Protocol to the Convention, 1963 — European Economic Community party to the Convention — Whether Convention part of EEC law — Section 2(1) of the European Communities Act 1972 — Whether thereby part of the law of Scotland — Whether Convention and alleged rights under it enforceable under Community law in Scottish courts — Whether reference should be made to the Court of Justice under Article 177 of the EEC Treaty, 1957

Human rights — European Convention on Human Rights — Deportation order under Immigration Act 1971 — Whether order contrary to Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 — Whether contrary to Article 3 of Fourth Protocol, 1963 — Whether Convention gives rise to rights in municipal law — Jus quaesitum tertio — Whether principle of quod fieri debet infectum valet applicable — Whether rights justiciable in the courts of Scotland — The law of Scotland

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Difference in provision of travel concessions to families of male and female employees upon retirement — Whether contrary to Section 6(2) of the Sex Discrimination Act 1975 — Whether discrimination within meaning of Article 119 of the EEC Treaty — Whether provision directly applicable — Whether discrimination contrary to two Council directives — Whether Section 6(4) of the Sex Discrimination Act 1975 to be construed in the light of the provisions of the EEC Treaty

Treaties — EEC Treaty, 1957 — Obligations of United Kingdom arising from international treaty — United Kingdom legislation to be construed so as not to conflict with prior treaty obligations — Special character of EEC Treaty, 1957 — Direct applicability of Article 119 of EEC Treaty — The law of England