Articles

• Manzini, Pietro

Abstract

In order to draw a distinction between the Community legal order and other international organizations, the Court of Justice has very often taken a rather prudent attitude towards the application of the principles of customary international law. However, in respect to Article 307 EC (ex Article 234) it has generally made a careful application of those principles. This article first examines the case law related to the subordination clause, contained in paragraph 1, of the EC Treaty vis‐à‐vis the pre‐existing agreements concluded by the member states with third countries. Secondly, it focuses on two recent judgments concerning the obligation, established in paragraph 2, of the member states to eliminate incompatibilities with the EC Treaty found in pre‐existing agreements. To find a solution for the two cases, the Court again made reference to the principles of international law, resisting the temptation to develop a particular doctrine, suggested by the Commission, concerning the relationships between earlier agreements and the EC Treaty.