Unilever Italia SpA v Central Food SpA

Unilever Italia SpA v Central Food (2000) C-443/98 is an EU law case, concerning the conflict of law between a national legal system and European Union law.

Unilever v Central Food
Submitted 7 December 1998
Decided 26 September 2000
Full case nameUnilever Italia SpA v Central Food SpA.
Case numberC-443/98
ECLIECLI:EU:C:2000:496
Language of ProceedingsItalian
Nationality of partiesItaly
Court composition
Judge-Rapporteur
C. Gulmann
President
G.C. Rodríguez Iglesias
Judges
Advocate General
F.G. Jacobs
Legislation affecting
Article 177 of the EC Treaty; Council Directive 83/189/EEC, as amended by Directive 94/10/EC of the European Parliament

Facts

Unilever sold olive oil to Central Food, which refused to pay on the ground the oil did not comply with Italian law. This was a ‘technical regulation’ under Directive 83/189. Unilever claimed damages for breach of contract. The question was referred to the European Court of Justice, whether the Directive precluded enforcement of the contract.

Judgment

The European Court of Justice upheld Unilever’s claim that the law could not be applied. The Directive was a procedural bar to adopting national legislation.

See also

Notes

    References

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