Judgment_paragraph 20 · The Queen v Secretary of State for Transport, ex parte: Factortame Ltd and others (C-213/89)

20The Court has also held that any provision of a national legal system and any legislative, administrative or judicial practice which might impair the effectiveness of Community law by withholding from the national court having jurisdiction to apply such law the power to do everything necessary at the moment of its application to set aside national legislative provisions which might prevent, even temporarily, Community rules from having full force and effect are incompatible with those requirements, which are the very essence of Community law (judgment of 9 March 1978 in Simmenthal, cited above, paragraphs 22 and 23).

The Queen v Secretary of State for Transport, ex parte: Factortame Ltd and others (C-213/89)

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