38It is appropriate to point out that, in accordance with settled case-law, a national court which is called upon, within the exercise of its jurisdiction, to apply provisions of European Union law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation, that is to say, in the present case, the national procedural rule at issue in the main proceedings, and it is not necessary for the court to request or await the prior setting aside of that national provision by legislative or other constitutional means (see, inter alia, Elchinov, paragraph 31).