## Facts

- The case involved a Bulgarian national, Ognyanov, who challenged a decision relating to social security benefits, alleging a violation of EU law.
- The Bulgarian court faced national procedural rules that could potentially prevent it from referring the case to the Court of Justice of the European Union (CJEU) for a preliminary ruling.
- The national court sought clarification from the CJEU on whether these procedural rules could obstruct the application of EU law, specifically regarding the ability to make a preliminary reference under Article 267 of the Treaty on the Functioning of the European Union (TFEU).

## Issues

1. Whether national procedural rules can prevent national courts from referring questions on the interpretation of EU law to the CJEU under Article 267 TFEU.
2. Whether national courts have an obligation to disapply domestic procedural provisions that hinder the effective enforcement of EU rights.
3. To what extent the principle of effective judicial protection limits national procedural autonomy in the context of EU law.

## Decision

- The CJEU held that national courts are required to disapply national procedural rules that prevent them from making a preliminary reference when such a reference is necessary for the effective application of EU law.
- The Court confirmed that the principle of effective judicial protection obliges Member States to provide adequate legal remedies to enforce EU rights.
- It was determined that national procedural autonomy is subordinate to the requirement that EU law must be fully and effectively applied within the Member States.

## Legal Principles

- The principle of effective judicial protection ensures individuals can enforce rights derived from EU law and requires that national procedural rules do not make the exercise of those rights practically impossible or excessively difficult.
- Article 267 TFEU guarantees access to the CJEU for interpretation of EU law, and national courts cannot be precluded from making preliminary references where necessary.
- National procedural autonomy must not undermine the effectiveness or supremacy of EU law; procedural rules that hinder EU law’s full effect must be set aside by national courts.

## Conclusion

The Court affirmed that national courts must disapply domestic procedural rules that obstruct preliminary references to the CJEU necessary for the effective protection of EU law rights, reinforcing the supremacy of EU law and the obligation to ensure its uniform application throughout the Member States.

Ognyanov (C-614/14), ECLI:EU:C:2016:514