Judgment_paragraph 51 · E. Sp. z o.o. Sp. k. v Minister Finansów (C-335/19)

51[As rectified by order of 26 November 2020] As regards the fact, raised by the referring court, that the condition referred to in paragraph 46 above makes it possible to ensure the coherence of the Polish legal system by preventing, inter alia, the order in which creditors’ claims are satisfied in insolvency law being adversely affected, it should be recalled that, first, Article 90(1) of Directive 2006/112 fulfils the conditions for it to have direct effect (judgment of 15 May 2014, Almos Agrárkülkereskedelmi, C‑337/13, EU:C:2014:328, paragraph 34) and that, secondly, the principle of the primacy of EU law means that any national court, hearing a case within its jurisdiction, has, as an organ of a Member State, the obligation to disapply any provision of national law which is contrary to a provision of EU law with direct effect in the case pending before it (judgment of 24 June 2019, Popławski, C‑573/17, EU:C:2019:530, paragraph 61).

E. Sp. z o.o. Sp. k. v Minister Finansów (C-335/19)

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