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314/85 Foto Frost [1987] ECR 4199

By Oxbridge Law TeamUpdated 06/01/2024 02:23

Judgement for the case 314/85 Foto Frost

Table Of Contents

  • A national court asked whether it had the power to declare a Commission decision invalid on grounds that it contradicted an EC regulation.

  • ECJ said that national courts do not have the power to declare void community acts.

ECJ

  • National courts may dismiss arguments that a community decision is void if the claims to that effect are unfounded, but cant find invalidity itself without a reference.

  • To allow this would be to allow the community law to be applied inconsistently.

  • Uniformity is particularly in question where it is the validity (rather than interpretation which is in question).

    • ECJ has exclusive jurisdiction in this respect. 

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