Judgment_paragraph 79 · Criminal proceedings against I.R.O. and F.J.L.R (C-292/23)

79That provision of the EU Treaty imposes on Member States the obligation of providing remedies sufficient to ensure effective legal protection in the fields covered by EU law. According to the Court’s case-law, that obligation corresponds to the right to an effective remedy of everyone whose rights and freedoms guaranteed by EU law are violated, as set out in the first paragraph of Article 47 of the Charter. However, that obligation means only that every person is recognised as having the right to challenge before the courts an act adversely affecting him or her which is such as to violate those rights and freedoms, and not necessarily that the holder of that right to an effective remedy has a direct legal remedy the primary object of which is to call into question a given measure, provided that one or more legal remedies also exist, before the various competent national courts, enabling that rightholder to obtain, as an incidental question, judicial review of that measure ensuring respect for the rights and freedoms guaranteed to that rightholder by EU law, without having to be subject, to that end, to the risk of receiving a penalty in the event of non-compliance with the measure in question (see, to that effect, judgment of 6 October 2020, État luxembourgeois (Right to bring an action against a request for information in tax matters), C‑245/19 and C‑246/19, EU:C:2020:795, paragraphs 47, 58 and 79 and the case-law cited).

Criminal proceedings against I.R.O. and F.J.L.R (C-292/23)

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