C-6/64 Flaminio Costa v ENEL [1964]

C-6/64 Flaminio Costa v ENEL [1964] ECR 585 is a pivotal decision by the European Court of Justice (ECJ), playing a crucial role in solidifying the principle of the primacy of European Union law over the laws of its member states. This landmark case set a precedent that has been fundamental in shaping the legal landscape of the European Union.

Flaminio Costa, a Milanese lawyer and shareholder of Edisonvolta, opposed the nationalisation of the Italian electricity sector by the government. When ENEL, the state-owned electricity company, sent him a bill, Costa refused to pay, arguing that the nationalisation law violated both the Italian Constitution and the EEC Treaty. The Italian Constitutional Court ruled that the Treaty of Rome could not prevail over the nationalisation law. In a separate case, another judge referred the matter to both the Italian Constitutional Court and the European Court of Justice (ECJ).

The ECJ dismissed the Italian government's claim of inadmissibility, asserting its authority to provide an authoritative interpretation of the EEC Treaty. The judgment emphasised the unique nature of the EEC Treaty, creating a legal order binding member states and individuals. The ECJ stated that EU law, as an independent source, could not be overridden by domestic laws without jeopardising the legal basis of the Community.

The key passage highlighted the incompatibility of domestic laws with the special and original nature of EU law: "It follows... that the law stemming from the treaty, an independent source of law, could not, because of its special and original nature, be overridden by domestic legal provisions, however framed, without being deprived of its character as community law and without the legal basis of the community itself being called into question".

On the merits, the ECJ found that the EEC Treaty provisions on competition and State aids had no direct effect, meaning individuals could not invoke them in challenging national laws. The interpretation of the right of establishment was narrow, suggesting consistency with the nationalisation law if non-discriminatory. The ECJ left it to the referring court to determine the compatibility of the nationalisation law with the EEC Treaty's provisions on commercial monopolies.

Flaminio Costa v ENEL is a landmark case that established the primacy of EU law over national laws. The judgment emphasised that EU law is an independent source, binding member states and individuals, and cannot be overridden by domestic legal provisions. This principle of supremacy has been fundamental in shaping the legal framework of the European Union. While Article I-6 of the proposed European Constitution and the Treaty of Lisbon did not explicitly include the article on primacy, a declaration was added, recalling the Costa v ENEL judgment. The case marked a significant step in defining the legal relationship between EU law and national laws, ensuring the effectiveness of EU law across member states.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance Here

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.