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41/74 Van Duyn

[1974] ECR 1337

Case summary last updated at 13/02/2020 20:45 by the Oxbridge Notes in-house law team.

Judgement for the case 41/74 Van Duyn

The high court asked the ECJ if the provisions of EEC treaty, modified by a directive, regulating free movement of workers could have direct effect. ECJ said that it could and that where a treaty provision or directive is binding it may have direct effect in the national courts. It was also said that the very fact that the treaty provided for courts to refer questions to the ECJ implied that directives could be brought to national courts. Each provision must be examined to check it is sufficiently clear etc.
ECJ: Extended the conditions of direct effect from those used for EC Treaty articles in Van Gend en Loos to “any provision of EC law”.

41/74 Van Duyn crops up in following areas of law