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COMMISSION NOTICE Guidance on the interpretation and application of Council Directive 93/13/EEC on unfair terms in consumer contracts · European Union
A national court which is called upon, within the exercise of its jurisdiction, to apply provisions of EU law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation, even if adopted subsequently, and it is not necessary for the court to request or await the prior setting aside of such provision by legislative or other constitutional means […]’ (reference to Case 106/77 Simmenthal, paragraphs 21 and 24, and, Case C-112/13 A, paragraph 36).
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.