Marleasing SA v La Comercial Internacional de Alimentacion SA

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Marleasing SA v La Comercial Internacional de Alimentacion SA
European stars.svg
Submitted 3 April 1989
Decided 13 November 1990
Full case name Marleasing SA v La Comercial Internacional de Alimentacion SA
Case number C-106/89
Case type Reference for a preliminary ruling
Chamber Sixth chamber
Nationality of parties Spain
Procedural history Juzgado de Primera Instancia e Instrucción nº 1 de Oviedo, auto de 13 March 1989, Juzgado de Primera Instancia e Instrucción nº 1 de Oviedo, sentencia de 23 February 1991
Court composition
Legislation affecting
Interprets Directive 68/151/EEC

Marleasing SA v La Comercial Internacional de Alimentacion SA [1990] C- 106/89 was a decision of the European Court of Justice concerning the indirect effect of European Union law. It established that the courts of European Union member states have a duty to interpret national legislation in light of unimplemented European Union directives.

Facts[edit]

Marleasing SA (the Applicant) brought an application before the Spanish national courts for an order that the contract establishing "La Comercial" was void and that the formation of La Comercial should be nullified on the grounds that establishment "lacked cause, was a sham transaction and was carried out in order to defraud the creditors of Barviesa (a co-founder of La Comercial)". La Comercial argued that the action should be dismissed in its entirety on the grounds that article 11 of the first directive, which had not yet been implemented by Spain, provided an exhaustive list of the cases under which the nullity of a company may be ordered and that "lack of cause" was not a ground listed therein. The Spanish court then referred the following question to the European Court of Justice:

"Is Article 11 of [the] Council Directive 68/151/EEC of 9 March 1968, which has not been implemented in national law, directly applicable so as to preclude a declaration of nullity of a public limited liability company on a ground other than those set out in the said article?"[citation needed]

Judgment[edit]

The ECJ held that the Spanish Courts were under a duty to interpret national law in a way that gave effect to European law.

See also[edit]

Notes[edit]

  1. ^ Case C-106/89 [1991] 1 ECR 4135, paragraph 8

External links[edit]