50Since the two provisions at issue have direct effect, it must furthermore be noted that it is settled case-law that a national court which is called upon, within the limits 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, and it is not necessary for the court to request or await the prior setting aside of that provision by legislative or other constitutional means (see, inter alia, Case 106/77 Simmenthal [1978] ECR 629, paragraph 24, and Kutz-Bauer, paragraph 73). Therefore, Articles 14(1)(c) and 15 of Directive 2006/54 can be relied upon by an individual against the Member State at issue and applied by a national court in order to disapply any national provision inconsistent with those articles.
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