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Case Details

Case Details
National ID II.ÚS 419/14
Member State Czech Republic
Common Name link
Decision type Other
Decision date 07/05/2014
Court The Constitutional Court of the Czech Republic
Subject
Plaintiff Unicampus, o. s.
Defendant District court in Hradec Králové
Keywords case law, consumer, consumer rights organisation, court, harmonisation

Injunctions Directive, Article 3, (b)

When there is a conflict between national laws and laws of the European Union, it is always necessary to use such interpretation of the national law, that is in compliance with the law of the European Union. This is also valid for the Directive 2009/22/EC.
The defendant decided earlier in a case of the plaintiff. The plaintiff questioned the previous decision, because the defendant did not refer a question for preliminary ruling in this case to the Court of Justice of the European Union. The plaintiff stated that the preliminary ruling should have been used because of conflict of national law with the Directive 2009/22/EC. Hence, the plaintiff filed this complaint to the the Constitutional Court of the Czech Republic for breaching his right to fair process.
The defendant used correct interpretation of national laws according to the Directive 2009/22/EC and its decision was made correctly. It was not necessary to use the preliminary ruling. The right to fair process of the plaintiff was not injured.
Is it possible to keep national laws contrary to the Directive 2009/22/EC?
Full Text: Full Text

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Member State Title Author
Czech Republic An injunction in the merits of a case in the context of Union and constitutional law Jan Vavrečka, Nicole Grmelová
The complaint was rejected as groundless.