The decisions of the Court under the Rome Treaty cover only a period of two years and any conclusions must therefore be cautious. One can discern, however, a tendency, continuing the trend under the ECCS Treaty, to strengthen the legal structure of the European Community by forcefully sustaining the applicable Treaty provisions and the measures of its Institutions both as to the duties created thereunder and the personal rights that may be derived therefrom. On the other hand, the Court has not hesitated to use its powers for the protection of the subjects of the Community against illegal conduct of its Institutions and of Member States in violation of the Treaty.
Frans van Heemstra & Guy Suermondt, Court of Justice of the European Communities, 13 Clev.-Marshall L. Rev. 187 (1964)