## Facts

- The case involved the obligation of national courts in EU Member States to address conflicts between national law and directly effective European Union law.
- National courts were faced with the issue of whether to disapply national legal provisions that conflicted with EU law, irrespective of the date or nature of those provisions.
- The European Court of Justice was tasked with clarifying how the principles of supremacy and direct effect of EU law operate within national legal systems.

## Issues

1. Whether national courts must disapply national legislation that conflicts with directly effective EU law.
2. Whether this duty applies irrespective of the national provision's adoption date in relation to the relevant EU law.
3. Whether national courts are required to formally invalidate conflicting national law or may simply refrain from applying it.

## Decision

- The ECJ held that national courts are obliged to set aside any national law provision in conflict with directly effective EU law.
- This duty applies regardless of whether the national provision was enacted before or after the EU law at issue.
- National courts are not required to formally annul the conflicting national law, but must refrain from applying it in cases of conflict.
- The ECJ stressed the responsibility of national courts to uphold the supremacy and practical effectiveness of EU law.

## Legal Principles

- The supremacy of EU law mandates that EU law prevails over any conflicting national law.
- The direct effect doctrine enables individuals to rely on EU law provisions before national courts.
- National courts have a duty to disapply national legislation that is incompatible with EU law to ensure its effective application.
- Disapplication of conflicting national law is essential for maintaining the uniformity and effectiveness of EU law across Member States.
- Preliminary references under Article 267 TFEU support consistent interpretation and application of EU law in national courts.

## Conclusion

The ECJ decisively affirmed that national courts must disapply any national law conflicting with directly effective EU law, regardless of when it was enacted, thereby reinforcing the principles of supremacy and direct effect and ensuring uniformity within the EU legal order.

Ministero v IN.CO.GE [1998] ECR I-6307