40A national court which 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 provision by legislative or other constitutional means (see, first, judgment in Simmenthal, 106/77, EU:C:1978:49, paragraphs 21 and 24, and, most recently, judgment in A, C‑112/13, EU:C:2014:2195, paragraph 36 and the case-law cited).
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