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.
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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.