The respective rules must be understood

[Roselin67]

THe court decided to address two preliminary questions to the CJEU that would form the basis of the Simmenthal II decision: I. Given that, pursuant to Article of the EEC Treaty and the constant jurisprudence of the Court of Justice of the European Communities, the directly applicable Community provisions must, notwithstanding any internal rule or practice of the Member States, produce full effects in the legal order of the latter and to be uniformly applied to guarantee the subjective rights created in favor of individuals, it follows that.

The scope of in the sense that any subsequent national country-email-list provisions, in conflict with these Community rules, must be considered inapplicable by law, without having to wait for their removal by the national legislature itself (repeal) or by other constitutional authorities (declaration of unconstitutionality), especially if it is considered, as regards the second hypothesis , that until the moment when that decision intervenes, bearing in mind that the national legislation remains fully applicable, the Community rules cannot produce their effects and that, consequently, their full, complete and uniform application is not guaranteed, just as they are not protected subjective rights created in favor of individuals? II.



In relation to the previous question, assuming that Community law would admit that the protection of subjective rights, created by "directly applicable" Community provisions, could be postponed until the effective repeal, by the competent national authorities, of some national provisions that would is in conflict with these Community rules, this repeal must in all cases be accompanied by full retroactivity, so as to avoid subjective rights being prejudiced? A summary of these questions is required. Thus, first of all , the Italian court wanted to find.