Petlichev (Principle of the primacy of EU law - National law alleged to be incompatible with the national Constitution and with EU law - Conditions for referring a matter to a constitutional court - Judgment) [2026] EUECJ C-56/25 (12 February 2026)

Petlichev (Principle of the primacy of EU law - National law alleged to be incompatible with the national Constitution and with EU law - Conditions for referring a matter to a constitutional court - Judgment) [2026] EUECJ C-56/25 (12 February 2026)

Article 267 TFEU, the principle of the primacy of EU law, and Article 94(b) of the Rules of Procedure of the Court of Justice do not preclude a national procedural rule requiring a reasoned assessment of the consequences of the application of EU law before a referral to the constitutional court, provided that such a rule does not prevent or delay the national court from exercising its discretion or obligation to refer questions to the Court of Justice for a preliminary ruling.

Citation
[2026] EUECJ C-56/25
Parties
Defendant: MA; Referring Court: Sofiyski gradski sad (Sofia City Court, Bulgaria)
Jurisdiction
European Union
Judgment Date
12 February 2026
Procedural Posture
Criminal / Preliminary Ruling (reference for Interpretation of EU Law)
Outcome
Reference answered; national procedural rule not precluded by EU law.
Legal Topics
Preliminary Ruling Procedure, Primacy of EU Law, Compatibility of National Law With EU Law, Judicial Cooperation, Constitutional Review, Criminal Penalties for Narcotics
European Union Law Criminal Law Constitutional Law Preliminary Ruling Procedure Primacy of EU Law Compatibility of National Law With EU Law Judicial Cooperation Constitutional Review +1 more

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Parties

MA

Defendant

Sofiyski gradski sad (Sofia City Court, Bulgaria)

Referring Court

Procedural Posture

Criminal / Preliminary Ruling (reference for Interpretation of EU Law)

Legal Issues

  1. 1 Whether Article 267 TFEU, the principle of the primacy of EU law, and Article 94(b) of the Rules of Procedure of the Court of Justice preclude a national procedural rule requiring a reasoned assessment of EU law consequences before referral to the constitutional court.

Ratio Decidendi

Article 267 TFEU, the principle of the primacy of EU law, and Article 94(b) of the Rules of Procedure of the Court of Justice do not preclude a national procedural rule requiring a reasoned assessment of the consequences of the application of EU law before a referral to the constitutional court, provided that such a rule does not prevent or delay the national court from exercising its discretion or obligation to refer questions to the Court of Justice for a preliminary ruling.

Court Disposition

Reference answered; national procedural rule not precluded by EU law.

Orders

  • Article 267 TFEU, the principle of the primacy of EU law and Article 94(b) of the Rules of Procedure of the Court of Justice must be interpreted as not precluding a procedural rule of a Member State relating to the conditions for referring a matter to the constitutional court of that Member State, as interpreted by...