Proceedings brought by B (C-439/19)

Judgment of 22 Jun 2021

law://eu/cjeu/2019/c-439-19/para_135@2026-11-12

135By virtue of the principle of primacy of EU law, rules of national law, even of a constitutional order, cannot be allowed to undermine the unity and effectiveness of EU law (see, to that effect, judgments of 26 February 2013, Melloni, C‑399/11, EU:C:2013:107, paragraph 59, and of 29 July 2019, Pelham and Others, C‑476/17, EU:C:2019:624, paragraph 78). Even assuming that overriding considerations of legal certainty are capable of leading, by way of exception, to a provisional suspension of the ousting effect which a directly applicable rule of EU law has on national law that is contrary thereto, the conditions of such a suspension can be determined solely by the Court (see, to that effect, judgment of 8 September 2010, Winner Wetten, C‑409/06, EU:C:2010:503, paragraphs 61 and 67).

Proceedings brought by B (C-439/19)

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