Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 11/19/2009

Subject: With a judgment on income tax national legislation, the Court ruled again on the primacy of the Community Law. It affirmed that the national court must to apply Community law and to refuse to apply conflicting provisions of national law, irrespective of the judgment of the national constitutional court which has deferred the date on which those provisions, held to be unconstitutional, are to lose their binding force.

Parties: Filipiak

Classification: Freedoms - Art. 15 Right of establishment - Freedom to provide services

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