Inter-Environnement Expanded: Another Brick Out of the Wall of EU Law Supremacy?

TY - JOUR

T1 - Inter-Environnement Expanded

T2 - Another Brick Out of the Wall of EU Law Supremacy?

AU - Gentile, Giulia

PY - 2017/3/29

Y1 - 2017/3/29

N2 - In Association France Nature Environnement (judgment of 28 July 2016, case C-379/15), the Court of Justice dealt with two issues. First, is it possible for national courts to limit the effects of a judicial decision annulling national law contrary to EU law in the field of environmental protection? Second, are national courts obliged to make a preliminary reference to the Court of Justice in case of doubts on the possibility to postpone the temporal effects of a judgment annulling national law contrary to EU law? This judgment expands the Inter-Environnement Wallonie case law by granting to national courts further leeway to maintain in force the national legislation in breach of EU law. At the same time, it also expands the CILFIT case law.

AB - In Association France Nature Environnement (judgment of 28 July 2016, case C-379/15), the Court of Justice dealt with two issues. First, is it possible for national courts to limit the effects of a judicial decision annulling national law contrary to EU law in the field of environmental protection? Second, are national courts obliged to make a preliminary reference to the Court of Justice in case of doubts on the possibility to postpone the temporal effects of a judgment annulling national law contrary to EU law? This judgment expands the Inter-Environnement Wallonie case law by granting to national courts further leeway to maintain in force the national legislation in breach of EU law. At the same time, it also expands the CILFIT case law.

U2 - 10.15166/2499-8249/125

DO - 10.15166/2499-8249/125

M3 - Article

SN - 2499-8249

SP - 1

EP - 7

JO - European Papers

JF - European Papers

ER -