Unilever Italia SpA v Central Food SpA

EU law case
Unilever v Central Food
Submitted 7 December 1998
Decided 26 September 2000
Full case nameUnilever Italia SpA v Central Food SpA.
CaseC-443/98
CelexID61998CJ0443
ECLIECLI:EU:C:2000:496
Language of proceedingsItalian
Nationality of partiesItaly
Court composition
Judge-Rapporteur
C. Gulmann
President
G.C. Rodríguez Iglesias
Judges
  • L. Sevón
  • R. Schintgen
  • P.J.G. Kapteyn
  • J.-P. Puissochet
  • H. Ragnemalm
  • M. Wathelet
  • V. Skouris
Advocate General
F.G. Jacobs
Legislation affecting
Article 177 of the EC Treaty; Council Directive 83/189/EEC, as amended by Directive 94/10/EC of the European Parliament

Unilever Italia SpA v Central Food SpA (2000) C-443/98 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

  • v
  • t
  • e
Direct effect cases
Van Duyn v Home Office (1974) Case 41/74
Defrenne v Sabena (No 2) (1976) Case 43/75
TFEU art 288
Commission v Italy (1972) Case 39/72
Pubblico Ministero v Ratti (1979) Case 148/78
Foster v British Gas plc (1990) C-188/89
Unilever Italia SpA v Central Food SpA (2000) C-443/98
Francovich v Italy (1991) C-6/90
See EU law

Notes