Judgment_paragraph 36 · A v B and Others (C-112/13)

36Second, the Court has held that a national court that is called upon, within the exercise of its jurisdiction, to apply provisions of EU 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, even if adopted subsequently, and it is not necessary for the court to request or await the prior setting aside of such a provision by legislative or other constitutional means (see, inter alia, Simmenthal, 106/77, EU:C:1978:49, paragraphs 21 and 24; Filipiak, C‑314/08, EU:C:2009:719, paragraph 81; Melki and Abdeli, EU:C:2010:363, paragraph 43 and the case-law cited; and Åkerberg Fransson, C‑617/10, EU:C:2013:105, paragraph 45).