Judgment_paragraph 2.8.2. · Jongeneel Kaas BV and others v State of the Netherlands and Stichting Centraal Orgaan Zuivelcontrole (237/82)

2.8.2.The Netherlands Government observes that the question submitted does not concern the interpretation of the principle of proportionality, but rather the question whether that principle has direct effect in this case. General principles of law, including the principle of proportionality, form part of unwritten Community law. Those principles play a part chiefly in the assessment of measures adopted by the institutions and in the context of the interpretation of a specific rule of Community law.General principles of law are not an independent source in the case-law of the Court for the assessment of measures and decisions of Member States. In this case, the contested national rules cannot be regarded as measures implementing Community law.Nor are the general principles of law a direct source of clearly-defined and unconditional obligations as defined by the Court in its case-law on direct effect.The same question was raised in Case 181/82, Roussel and Others [1983] ECR 3849, decided by the Court on 29 November 1983.