jurisprudence

General

  • Role of the national court

    The legal order established by the EC Treaty links the national courts of the European Union. Case 14/68, Walt Wilhelm, recital 6. The national court is responsible for protecting the rights that Sportwetten Test litigants derive from EU law and is bound to apply EU law in its entirety, refusing to apply any provisions of domestic law that contravene it. When performing this task, the national court may cooperate with the Court of Justice of the Europe Union by using the preliminary ruling proceedings established in Article 267 267 of the Treaty on the Functioning of the European Union (hereafter referred to as „the TFEU“, former Article 234 EC, and Articles 68 EC and 35 TEU). Although Article 267 gives the Court general jurisdiction, there are various provisions introducing exceptions and derogations. Articles 275 and 276 TFEU set out specific rules. Article 10 of Protocol no. 36 on the transitional provisions of the Lisbon Treaty (OJ C 83 of 30 March 2010, pp. 322-326) contains transitional provisions for the application of proceedings on acts adopted on the basis of Titles V and VI of the Treaty on European Union prior to the entry into force of the Wettanbieter Gutschein Lisbon Treaty.