Judgment_paragraph 49 · Criminal proceedings against Ivo Taricco and Others (C-105/14)

49In the event that the national court concludes that the national provisions at issue do not satisfy the requirement of EU law that measures to counter VAT evasion be effective and dissuasive, that court would have to ensure that EU law is given full effect, if need be by disapplying those provisions and thereby neutralising the consequence referred to in paragraph 46 above, without having to request or await the prior repeal of those articles by way of legislation or any other constitutional procedure (see, to that effect, judgment in Berlusconi and Others, C‑387/02, C‑391/02 and C‑403/02, EU:C:2005:270, paragraph 72 and the case-law cited, and judgment in Kücükdeveci, C‑555/07, EU:C:2010:21, paragraph 51 and the case-law cited).