KUBERA, trgovanje s hrano in pijačo, d.o.o. v Republika Slovenija (C-144/23)

Judgment of 15 Oct 2024

law://eu/cjeu/2023/c-144-23/para_52@2026-11-13

52The requirement to interpret national law in conformity with EU law entails, in particular, the obligation for national courts and tribunals to change established case-law, where necessary, if it is based on an interpretation of national law that is incompatible with the objectives of EU law. Consequently, a national court or tribunal cannot validly claim that it is impossible for it to interpret a provision of national law in a manner that is consistent with EU law merely because that provision has consistently been interpreted in a manner that is incompatible with EU law (see, to that effect, judgments of 19 April 2016, DI, C‑441/14, EU:C:2016:278, paragraphs 33 and 34; of 17 April 2018, Egenberger, C‑414/16, EU:C:2018:257, paragraphs 72 and 73; and of 11 July 2024, Skarb Państwa (Payment not significantly delayed or small claim), C‑279/23, EU:C:2024:605, paragraph 30 and the case-law cited).

KUBERA, trgovanje s hrano in pijačo, d.o.o. v Republika Slovenija (C-144/23)

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