''Re Wünsche Handelsgesellschaft'' (22 October 1986) BVerfGE 73, 339, is a

German constitutional law The law of Germany (german: das Recht Deutschlands), that being the modern German legal system (german: Deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of G ...

and

EU law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...

case, popularly known as ''Solange II'', concerning the conflict of law between the German national legal system and European Union law.

Facts

An EC import licensing system was challenged in the German Court. The ECJ held that the system was valid in ''Wünsche Handelsgesellschaft v Germany''.

Judgment

The Federal Constitutional Court (''Bundesverfassungsgericht'') held that it would not give close scrutiny now. It considered, since the 1974 decision, the

ECJ The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...

’s development of protection for fundamental rights, the adoption of declarations on rights and democracy by the Community institutions, and that all EC Member States had acceded to the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...

. This in effect meant that the authority of the ECJ in Germany was accepted by the Federal Court, so long as the ECJ rulings conformed to the principles of German national law.Brewer, Mark Killian (2001) "The European Union and Legitimacy: Time for a European Constitution," Cornell International Law Journal: Vol. 34: Iss. 3, Article 5. Available at: http://scholarship.law.cornell.edu/cilj/vol34/iss3/5

References

{{reflist, 2 Federal Constitutional Court cases 1986 in West Germany 1986 in case law

Facts

Judgment

See also

References