ABSTRACT

Costa (Flamino) v ENEL Case 6/64 C sought a declaration from the Italian court that he was not obliged to pay his electricity bill (less than £2!) on the grounds that the Italian law which had nationalised the electricity industry in 1962 and which had created the new company, ENEL, was contrary to certain provisions of the EEC Treaty including Article 31 EC (ex 37). The Italian court sought a preliminary ruling on the relevant Community law provisions. However, the Italian Government intervened once the matter was referred to the ECJ and argued that the application for a preliminary ruling was wholly inadmissible because the dispute involved matters of national law unconnected with the Treaty.