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On 5 May 2020, the German Federal Constitutional Court (BVerfG) held that the European Court of Justice (ECJ) had exceeded its jurisdiction by handing down the 2018 judgment in Case C-493/17 Weiss. As the ECJ judgment was ultra vires, the German Court concluded that it was not binding in Germany. This is the first time that a German court refuses to apply the principle of supremacy of EU law.
Please click here to read the case note.
The comments made in this case note are wholly personal and do not reflect the views of any other members of Monckton Chambers, its tenants or clients.