Order — ECLI:EU:C:2015:707
Date: 2015-10-15
Language of the case: German
Court formation: Ninth Chamber
Subject matter: Approximation of laws;Fundamental rights;Charter of Fundamental Rights
Procedure: Reference for a preliminary ruling
Origin: Austria

Request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich (Austria) lodged on 17 December 2014 — Manfred Naderhirn (Case C-581/14) Language of the case: German Referring court Landesverwaltungsgericht Oberösterreich Parties to the main proceedings Applicant: Manfred Naderhirn Interveners: Jungwirth und Fabian OHG, Krenn KG, Michael Weber, Übermaßer KG, Gunhild Mayr By order of 15 October 2015, the Court ruled: EU law must be interpreted as precluding a situation in national law which is characterised by, first, the lack of domestic legal provisions governing the manner in which a national court must take account of the fact that it follows from a judgment of the Court of Justice that a national provision must be held to be contrary to EU law when it is dealing with cases pending before it and, second, the existence of rules of domestic law which provide that the court in question is unconditionally bound by another national court’s interpretation of EU law, in so far as, on account of such a rule of domestic law, the national court is precluded from ensuring that the primacy of EU law is duly guaranteed by taking, in the context of its jurisdiction, all the necessary measures to that effect. ____________