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Ancora sulla portata e gli effetti dell’art. 267 tfue. in margine al caso Puligienica

Abstract

In its judgment of 5 April 2016, in Puligienica, the CJEU extended to the relationship between the chambers and the plenary session of the supreme administrative court of a Member State its previous case-law on the national courts’ discretion to request a preliminary ruling not-withstanding, under national legislation, they are bound to comply with decisions rendered by higher courts. The CJEU elaborated upon the scope and the effects of Art. 267 TFEU and upon the principle of the primacy of EU law over national procedural law

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