Europees recht – Internationale Handelsgesellschaft

Case

The import-export undertaking Internationale Handelsgesellschaft (IH) obtained a licence in August 1967, which was valid till the end of that year. According to Regulation 120/67/EEC, the licence was conditional. It was only valid if the exportation was fully met. IH only partially met its exportation goal. Because of this, it lost 17.026 DM of its deposit.
The Administrative Court had ruled that the system of deposits is contrary to certain fundamental principles of national constitutional law.

Legal question

What is the hierarchy between German law and European law? Which regime has the supremacy?

Rule of law

Respect for fundamental rights is an integral part of the general principles. These principles are a part of Community law, which is protected by the Court of Justice. The protection of these rights must be ensured. The Union Treaties have created an independent source of law. This law cannot be overridden by rules of national law. In the case of a conflict with EU law, the supremacy belongs to EU law. This means that EU law has to prevail. It is not relevant in which area of law the conflict occurs.