Judgment of the ECJ on March 10, 2022 in the case C-177/20 (Grossmania)
Context: Reference for a preliminary ruling – Principles of EU law – Primacy – Direct effect – Sincere cooperation – Article 4(3) TEU – Article 63 TFEU – Obligations on a Member State as a result of a preliminary ruling – Interpretation of a provision of EU law given by the Court in a preliminary ruling – Obligation to give full effect to EU law – Obligation for a national court to disapply national legislation which contravenes EU law as interpreted by the Court – Administrative decision which became final in the absence of a challenge before the courts – Principles of equivalence and effectiveness – Liability of the Member State
The European Court of Justice rules that the Hungarian court must disapply the Hungarian regulation. The Hungarian legislation is in fact incompatible with Art. 63 TFEU, as evidenced by a preliminary ruling from the EU Court of Justice.
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