Abstract
There are actually three different European Communities created by three separate treaties, namely: the European Coal and Steel Community (ECSC), the European Economic Community (EEC), and the European Atomic Energy Community (EAEC). This chapter focuses on the EEC, which came into existence in 1958 and was always the most important of the three. The Court of Justice of the European Communities (ECJ) The Court of Justice, in Luxembourg, is the highest court for European Community (EC) law. The decisions of the ECJ are published officially in the European Court Reports (ECR). Scholarly writers plainly disagree about whether the concept of a binding 'precedent' or the rule of stare decisis exits in Community law. In Express Dairy Foods, the ECJ acted very much like a common law court in isolating the ratio decidendi of a previous decision in order to apply the rule of the precedent to the case pending before it.
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