Judgment_paragraph 37 · Kernkraftwerke Lippe-Ems GmbH v Hauptzollamt Osnabrück (C-5/14)

37With regard to the fact that the first sentence of Paragraph 100(1) of the Basic Law for the Federal Republic of Germany imposes on a national court which considers that a law is unconstitutional not only the obligation to seek a decision from the Bundesverfassungsgericht as to whether that law complies with the said Basic Law but also the obligation to stay proceedings, it should be recalled that the existence of a national procedural rule cannot call into question the discretion enjoyed by national courts to make a reference to the Court of Justice for a preliminary ruling where they have doubts, as in the case before the referring court, as to the interpretation of EU law (judgment in Križan and Others, C‑416/10, EU:C:2013:8, paragraph 67 and the case-law cited).

Kernkraftwerke Lippe-Ems GmbH v Hauptzollamt Osnabrück (C-5/14)

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