An tAire Talmhaiochta Bia agus Mara, Eire agus an tArd-Aighne (Community code relating to veterinary medicinal product - Obligation to provide information in all the official languages - Opinion) [2021] EUECJ C-64/20_O (14 January 2021)

An tAire Talmhaiochta Bia agus Mara, Eire agus an tArd-Aighne (Community code relating to veterinary medicinal product - Obligation to provide information in all the official languages - Opinion) [2021] EUECJ C-64/20_O (14 January 2021)

EU law, including the principles of procedural autonomy and effective judicial protection, does not per se preclude national legislation or practice allowing national courts discretion to determine whether to grant relief, and in what form, to an applicant claiming incorrect transposition of a directive, even where the action is well founded. The national court must ensure a reasonable relationship between the nature of the rights invoked, the seriousness of the infringement or harm suffered, and the type of remedy sought, assessed in the context of the individual case.

Citation
[2021] EUECJ C-64/20_O
Parties
Applicant: UH; Respondents: An tAire Talmhaíochta Bia agus Mara, Éire agus an tArd-Aighne
Jurisdiction
European Union
Judgment Date
14 January 2021
Procedural Posture
Preliminary Ruling (reference From National Court) / Opinion of Advocate General
Outcome
Opinion: EU law does not preclude national courts from having discretion to grant or refuse relief in these circumstances; it is for the national court to ensure proportionality and adequacy of remedy.
Legal Topics
Direct Effect of Directives, Primacy of EU Law, Procedural Autonomy, Effective Judicial Protection, Language Requirements for Veterinary Medicinal Products, Remedies for Incorrect Transposition of EU Law
European Union Law Administrative Law Direct Effect of Directives Primacy of EU Law Procedural Autonomy Effective Judicial Protection Language Requirements for Veterinary Medicinal Products Remedies for Incorrect Transposition of EU Law

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Parties

UH

Applicant

An tAire Talmhaíochta Bia agus Mara, Éire agus an tArd-Aighne

Respondents

Procedural Posture

Preliminary Ruling (reference From National Court) / Opinion of Advocate General

Legal Issues

  1. 1 Whether EU law precludes national courts from having discretion to grant or refuse relief where national law fails to transpose a directive correctly
  2. 2 Whether the principle of direct effect is undermined if relief is refused due to imminent entry into force of new EU regulation

Ratio Decidendi

EU law, including the principles of procedural autonomy and effective judicial protection, does not per se preclude national legislation or practice allowing national courts discretion to determine whether to grant relief, and in what form, to an applicant claiming incorrect transposition of a directive, even where the action is well founded. The national court must ensure a reasonable relationship between the nature of the rights invoked, the seriousness of the infringement or harm suffered, and the type of remedy sought, assessed in the context of the individual case.

Court Disposition

Opinion: EU law does not preclude national courts from having discretion to grant or refuse relief in these circumstances; it is for the national court to ensure proportionality and adequacy of remedy.