SA Rothmans International France and SA Philip Morris France Arizona Tobacco Products and SA Philip Morris France

Abstract

Treaties — Effect in municipal law — Priority of treaty provisions over conflicting provisions of municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Directives — Conflict between provisions of directive and subsequently enacted municipal law — Whether national legislation incompatible with the requirements of a Community directive must be declared inapplicable by municipal administrative courtsRelationship of international law and municipal law — Treaties — EEC Treaty, 1957 — EEC legislation — Directives — Effect in municipal legal order — French Constitution, Article 55 — Nature of legal order established by TreatyTreaties — Conclusion and operation — Acts of institutions established by EEC Treaty — Method of implementation under municipal law — EEC Council directive — Conflicting national 309legislation — Judicial review by administrative courts — Sanction of illegality for incompatible national legislationState responsibility — Responsibility based on fault — Enactment of municipal law in violation of EEC legislation — Responsibility of French State for failure to meet international obligations — Liability of national authorities to pay compensation when noncompliance with Community norms causes loss to individualsDamages — Violation of European Community law — Failure of authorities in Member State to comply with provisions of Community directive — Entitlement of individuals to compensation from national authorities for loss suffered — Measure of damages — Lucrum cessansInternational organizations — EEC — Powers — Legislation — Directives enacted by Council — Effect in municipal legal order — Failure by Member States to correctly implement provisions of directive — Proceedings before national courts — Whether such failure giving rise to claim for damages by individuals against Member StateInternational organizations — EEC — Institutions — Court of Justice of European Communities — Effect of decisions in municipal legal order of Member StatesEconomics, trade and finance — State commercial monopoly — European Community rules on freedom of trade — Council Directive No 72/464 on Manufactured Tobacco — Effect on State tobacco monopoly — Fixing of prices for imported tobacco by national authorities in violation of directive — Annulment of ministerial decisions by administrative courts — Whether any entitlement to claim compensation from national authorities for companies affected — The law of France