OB v Procura della Repubblica presso il Tribunale di Bologna (C-460/23)

Judgment of 3 Jun 2025

law://eu/cjeu/2023/c-460-23/para_69@2026-11-13

69Furthermore, in the light of the referring court’s doubts concerning the compatibility with EU law of the national provision transposing, inter alia, Article 1(1)(a) of Directive 2002/90 into Italian law, it must be borne in mind that it is settled case-law that, when implementing the measures transposing a directive, the authorities and courts of the Member States must not only interpret their national law in a manner consistent with that directive but also ensure that they do not rely on an interpretation of the directive that would be in conflict with the fundamental rights protected by the EU legal order or with the other general principles recognised by EU law (judgments of 29 January 2008, Promusicae, C‑275/06, EU:C:2008:54, paragraph 68, and of 21 June 2022, Ligue des droits humains, C‑817/19, EU:C:2022:491, paragraph 87 and the case-law cited).

OB v Procura della Repubblica presso il Tribunale di Bologna (C-460/23)

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