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Introduction

In Nold v Commission [1974] 2 CMLR 338, the European Court of Justice emphasised that ‘fundamental rights form an integral part of the general principles of law, the observance of which it ensures’.

By way of an example of how this statement has been implemented in practice, Stauder v City of Ulm [1969] ECR 419 arose from the Community’s plan to reduce surplus stocks of butter by selling it cheaply to certain groups within the population. One individual objected to the way in which the German authorities implemented the scheme, because he was required to disclose his name to the retailer of the butter, as a result of which the retailer would know that he was receiving certain welfare benefits.

The Court of Justice acknowledged that this infringed the principle of equality, and was therefore a breach of the individual’s fundamental rights. (In the event, however, the Court of Justice avoided the problem by saying that the Commission’s decision, which formed the basis of the scheme, should be interpreted so that such disclosure by individuals was not a precondition to their obtaining cheap butter.)

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Source: Askey Simon, McLeod Ian. Studying Law. Macmillan Education,2014. — 239 p.. 2014

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