Judgment_paragraph 133 · Asociaţia 'Forumul Judecătorilor din România' and Others v Inspecţia Judiciară and Others (C-83/19, C-127/19, C-195/19, C-291/19, C-355/19, C-397/19)

133It must be borne in mind that, according to settled case-law, Article 267 TFEU gives national courts the widest discretion in referring matters to the Court if they consider that a case pending before them raises questions involving the interpretation of provisions of EU law which are necessary for the resolution of the case before them (judgment of 24 October 2018, XC and Others, C‑234/17, EU:C:2018:853, paragraph 42). Thus, in particular, a court which is not ruling at final instance must be free, if it considers that the legal ruling of a higher court, and even that of a constitutional court, could lead it to give a judgment contrary to EU law, to refer to the Court questions which are of concern to it (see, to that effect, judgment of 5 March 2019, Eesti Pagar, C‑349/17, EU:C:2019:172, paragraph 52 and the case-law cited).