Facts: ERTA was an international agreement drawn up by a number of Member States themselves, to regulate road transport system within Europe

⇒ BUT the Commission brought proceedings before the European Court of Justice (ECJ) on the basis ERTA (internal piece of legislation by the Member States adopting certain rules for transport) is contrary to the EEC’s own express power to adopt measures internally

⇒ So an expressed power to adopt measures internally must imply a power to adopt measures externally too

Held: The ECJ said the Community has the power to adopt decisions on transport internally, so that must imply that they can conclude decisions on the international level because otherwise the EU could not be as effective as it is on the international level

Facts: The High Authority (predecessor of the Commission) adopted a decision fixing prices at a certain level and then later it changed those prices

⇒ The treaty allowed the High Authority to fix the prices initially, but it didn’t say whether the High Authority could then later change those prices it fixed

Held: It was held that if there’s a change in circumstances then it’s only reasonable to say the High Authority have power to change those prices it has fixed = this is an implied power

⇒ After claims that the Lisbon Treaty was unconstitutional the German court held that the Lisbon Treaty is compatible with the German constitution, meaning Germany could enter the Lisbon Treaty

⇒ The Court made the point that EU citizenship is secondary in nature and each Member State has their own identity – so the EU has NO population

⇒ The Court also concluded that the Lisbon Treaty does not create a European federal state, which would invalidate Germany’s Basic Law and require a referendum