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Judge-made `Europe à la carte': Some Remarks on Recent Conflicts between European and German Constitutional Law Provoked by the Banana Litigation
Norbert Reich1
Full text available: PDF format *
I.
The foreign reader will wonder what the banana litigation has to do with the constitutional law of the European Union (EU) and the Federal Republic of Germany (FRG). The story we want to tell concerns the defying by German courts of EC Regulation 404/93 of 13 February 1993 on the common organization of the market in bananas.2 On this matter, the German Constitutional and administrative courts have voiced their open distrust not only of EC regulations, but also of the legal protection of fundamental rights offered by the ECJ to their citizens - namely German banana importers who lost considerable business after the enactment of the EC regulation of 1 July 1993.
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2 OJ L 47/1 of 25 February 1993.
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This file was last modified:
Tuesday, October 14, 2003 12:20PM