On January 11, 2024, the ECJ issued its decision in the case C-537/22 (Global Ink Trade).
See point 23 of the ECJ decision
According to settled case-law, the principle of the primacy of EU law states that EU law takes precedence over the law of the Member States. This principle therefore obliges all Member State authorities to give full effect to the various provisions of Union law, provided that the law of the Member States must not affect the effect accorded to these various provisions in their territory. Consequently, in accordance with the principle of the primacy of Union law, the unity and effectiveness of Union law cannot be undermined by a Member State relying on provisions of national law, even if they have constitutional status (see, to this effect, judgments of 5 June 2023, Commission v Poland [Independence and private life of judges], C‑204/21, EU:C:2023:442, paragraph 77, and of 24 July 2023, Lin, C‑107/23 PPU, EU:C:2023 :606, paragraph 128 and the case law cited there).
In other words ….
The principle of the primacy of EU law establishes that EU law takes precedence over the laws of Member States. This principle requires all Member State authorities to fully implement and apply the provisions of Union law, ensuring that national law does not undermine the effectiveness of EU law within their territory. Even if certain provisions of national law have constitutional status, they cannot override the effect granted to EU law.
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