Unilever Italia SpA v Central Food SpA explained

Short Name:Unilever v Central Food
Court:ECJ
Submitdate:7 December
Submityear:1998
Decidedate:26 September
Decideyear:2000
Fullname:Unilever Italia SpA v Central Food SpA.
Celexid:61998CJ0443
Casenumber:C-443/98
Ecli:ECLI:EU:C:2000:496
Language:Italian
Nationality:Italy
Judgerapporteur:C. Gulmann
Judgepresident:G.C. Rodríguez Iglesias
Judge1:L. Sevón
Judge2:R. Schintgen
Judge3:P.J.G. Kapteyn
Judge4:J.-P. Puissochet
Judge5:H. Ragnemalm
Judge6:M. Wathelet
Judge7:V. Skouris
Advocategeneral:F.G. Jacobs
Legislationaffecting:Article 177 of the EC Treaty; Council Directive 83/189/EEC, as amended by Directive 94/10/EC of the European Parliament
Keywords:Direct effect

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

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