European Business Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Abolition of restrictions on free movement
Chapter 1: Precedence of EU law
Section 1: Conditions of the direct effect
Section 2: Scope of application
I: Claim before national courts
II: Duty to interpret the directive in conformity with EU law
III: Inapplicability of contrary national rules
V: Liability of the Member State
VI: Rules safeguarding the rights of individuals
Title 2: Directives
Title 3: Regulations
186. Substitution of EU law for national law
1 minute de lecture
National courts are required to give precedence to the rules of European law which may be pleaded before them over the provisions of national law where legislative or regulatory measures adopted by a Member State prove to be incompatible with European law . Thus, the court must substitute the European rule for the conflicting national rule. The fact that the European provision is directly effectiv …
