 The ECJ held the Treaty of Rome rule on an undistorted market was one on which the Commission alone could challenge the Italian government.As an individual, Costa had no standing to challenge the decision because that Treaty provision had no direct effect.However, Costa could raise a point of EC law against a national government in legal proceeding before the courts in that member state since EC law would not be effective if Costa could not challenge national law on the basis of its alleged incompatibility with EC law.