Judgment_paragraph 38 · Stichting Rookpreventie Jeugd and Others v Staatssecretaris van Volksgezondheid, Welzijn en Sport (C-160/20)

38So far as concerns, in the second place, the validity of Article 4(1) of Directive 2014/40 having regard to Regulation No 216/2013, it must be pointed out that the substantive legality of an EU act cannot be examined in the light of another EU act of the same status in the hierarchy of legal rules, unless the former has been adopted pursuant to the latter or unless it is expressly provided, in one of those two acts, that one takes precedence over the other (judgment of 8 December 2020, Hungary v Parliament and Council, C‑620/18, EU:C:2020:1001, paragraph 119). Directive 2014/40 was not adopted pursuant to Regulation No 216/2013 and the latter does not contain a provision expressly laying down that it takes precedence over that directive. In any event, in merely providing that the Official Journal of the European Union is to be published in electronic form, in the official languages of the EU institutions, Article 1(1) of that regulation does not lay down any requirement relating to the content of the EU acts that must thus be published, such as Directive 2014/40.