Type: Judgment

Authority: National Courts Conseil d'État

Date: 01/26/2007

Subject: When the rights protected by the French Constitution correspond to those protected by the fundamental principles of primary community law, it is the national judge who – if there aren't any difficulties in the interpretation – has to evaluate the compatibility between the directive (or the national law which assimilates it) and the fundamental principles of the Constitution and of primary community law and, if he thinks that those fundamental rights are infringed, he has to refer the matter to the European Communities' Court of Justice. Instead, if the matter concerns rights which are protected only by the French Constitution, it is the national judge who remains competent for the constitutionality judgement. In this specific case the Conseil d'Etat has reckoned that the principle of equality, recognized by the French Constitution, finds in primary community law a corresponding protection but, since the consideration of the respect of that principle by the community directive poses serious interpretative problems, it referred the matter to the European Communities' Court' s judgement

Parties: Societe Arcelor Atlantique et Lorraine

Original language: French

Classification: Art. 20 Equality - Art. 52 Scope of guaranteed rights

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