75The national court, having exercised the discretion conferred on it by the second paragraph of Article 267 TFEU, must therefore, if necessary, disregard the rulings of a higher national court if it considers, having regard to the interpretation provided by the Court, that they are not consistent with EU law, if necessary refusing to apply the national rule requiring it to comply with the decisions of that higher court (see, to that effect, judgment of 5 October 2010, Elchinov, C‑173/09, EU:C:2010:581, paragraphs 30 and 31).
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