Opel Austria GmbH v. Council of the European Union

Abstract

Treaties — Application — Obligation of good faith — Duty not to defeat object and purpose of treaty prior to its entry into force — Whether constituting a rule of customary international law — Vienna Convention on the Law of Treaties, 1969, Article 18 — Whether binding on the European Community — Whether preventing adoption by the European Community of a measure contrary to international agreement concluded by the Community which has not yet entered into force — Principle of legitimate expectations under Community law — Whether corollary of principle of good faith under international law

Treaties — Effect in municipal law — Agreements between the European Community and third States — Direct effect of provisions — Conditions — European Economic Area Agreement, 1991 (“EEA Agreement”) — Article 10 — Whether containing unconditional and precise obligation

Treaties — Interpretation — EEA Agreement — Article 6 — Requirement that provisions identical in substance to EC Treaty provisions should be interpreted in conformity with previous case-law of the Court of Justice of the European Communities — Application to rules concerning free movement of goods — EC Treaty, Articles 9 and 12 — EEA Agreement, Article 10

International organizations — European Community — Legality of measures enacted by institutions — Application to Court of Justice of European Communities for annulment of regulation under Article 173 of EC Treaty — Whether legality to be assessed at date of adoption or date of entry into force of measure — Principle of legal certainty — Whether infringed by backdating of publication of regulation in official journal — The law of the European Community