Working Hours Equality Case

In: International law reports, Band 98, S. 190-196

Abstract

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Supremacy of Community law — Whether constituting an unwritten rule of Community law — Conflict between Community legislation and subsequent national law — Whether national courts under duty not to apply conflicting national provisionTreaties — Conclusion and operation — Constitutional limitations — EEC Treaty, 1957 — Scope of permissible transfer of sovereignty to Community institutions — Basic Law of Federal Republic, Article 24 (1) — Whether applicability of Community secondary legislation subject to national constitutional reviewTreaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Directives — Conditions for direct effect — Failure of Member State to implement directive by specified time — Whether directive may be relied upon by individuals before national courts — Council Directive 76/207 — Requirement of equality of treatment in employment conditions191International organizations — European Economic Community — Institutions — Court of Justice — Effect of decisions in municipal legal order of Member States — Whether automatically rendering inadmissible reference to national Constitutional Court in same matter — The law of the Federal Republic of Germany