44Any provision of a national legal system and any legislative, administrative or judicial practice which might impair the effectiveness of EU 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 European Union rules from having full force and effect are incompatible with those requirements which are the very essence of EU law (see Simmenthal, paragraph 22, and Case C-213/89Factortame and Others [1990] ECR I-2433, paragraph 20). This would be the case in the event of a conflict between a provision of EU law and a national law, if the solution of the conflict were to be reserved for an authority with a discretion of its own, other than the court called upon to apply EU law, even if such an impediment to the full effectiveness of EU law were only temporary (see, to that effect, Simmenthal, paragraph 23).
Preliminary reference · referred by the Cour de cassation (France)
Rapporteur
T. von Danwitz
Advocate General
J. Mazák
Bench
11 judgesV. Skouris, J.N. Cunha Rodrigues, K. Lenaerts, J.-C. Bonichot, R. Silva de Lapuerta, C. Toader, K. Schiemann, E. Juhász, T. von Danwitz, J.-J. Kasel, M. Safjan