Judgment_paragraph 67 · Petya Milkova v Izpalnitelen direktor na Agentsiata za privatizatsia i sledprivatizatsionen kontrol (C-406/15)

67In such a situation, a national court must set aside any discriminatory provision of national law, without having to request or await its prior removal by the legislature, and apply to members of the disadvantaged group the same arrangements as those enjoyed by the persons in the other category (judgments of 12 December 2002, Rodríguez Caballero, C‑442/00, EU:C:2002:752, paragraph 43; of 7 September 2006, Cordero Alonso, C‑81/05, EU:C:2006:529, paragraph 46; and of 21 June 2007, Jonkman and Others, C‑231/06 to C‑233/06, EU:C:2007:373, paragraph 39). That obligation persists regardless of whether or not the national court has been granted competence under national law to do so (judgment of 7 September 2006, Cordero Alonso, C‑81/05, EU:C:2006:529, paragraph 46).