Mineral Rights Discrimination Case

• Jurisdiction: Grecia
• Date: 01 January 1986
• Court: Council of State (Greece)

Greece, Council of State (Plenary Session).

(Papageorgiou, Judge Rapporteur)

Mineral Rights Discrimination Case

Treaties Effect in municipal law EEC Treaty, 1957 Status of EEC Treaty provisions under municipal law Direct effect Provisions concerning freedom of establishment Articles 52 and 58 of Treaty Treaty concerning the Accession of Greece to the European Communities, 1979 Principle that Community law applies with full and immediate effect from date of accession

Relationship of international law and municipal law Treaties Incorporation of provisions into municipal legal order Greek Constitution, Article 28

Economics, trade and finance Right of establishment EEC Treaty, 1957 Articles 52 and 58 Provisions concerning freedom of establishment of Community nationals and companies in other Member States The law of Greece

Summary: The facts:The Council of State was required to consider the effect of Greek accession to the European Communities upon the possibility for nationals of other Member States and companies established in those States to acquire mineral rights in Greece. Under the relevant provisions of the Greek Minerals Code, the acquisition of mineral rights had hitherto been reserved for Greek nationals and companies established in Greece.

Held:The provisions of the Minerals Code involving discrimination against nationals of other Member States and companies established in other Member States of the European Community had ceased to be applicable.

Since 1 January 1981, the Act of Accession of Greece to the European Communities had full and direct effect which was incapable of being inhibited by contrary regulations contained in domestic legislation. Such domestic legislation was automatically ineffective from that date, pursuant to Article 28 of the Greek Constitution,1 without any need for the prior adjustment of that legislation to the requirements of Community law.

The following is the text of the relevant part of the judgment of the Court:

() Since 1 January 1981, the Act of Accession of Greece to the European Economic Community has full and direct effect, which is not capable of being inhibited by contrary regulations contained in domestic legislation. Provisions of laws of the Hellenic Republic contrary to the provisions of the Treaties establishing the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community, are rendered ineffective from that date. This ineffectiveness is automatic, without...