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In case a national provision conflicts with Article 7 of the Directive, the Court has held that national courts must ‘interpret [domestic law], so far as possible, in the light of the wording and the purpose of the directive concerned in order to achieve the result sought by the directive’ (284). According to the Court, this requires national courts to do ‘whatever lies within their jurisdiction, taking the whole body of domestic law into consideration and applying the interpretative methods recognised by it, with a view to ensuring that the directive in question is fully effective and to achieving an outcome consistent with the objective pursued by it’ (285). It also entails ‘the obligation for national courts to change established case-law, where necessary, if it is based on an interpretation of national law that is incompatible with the objectives of a directive’ (286).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.