CJEU Case 33/76 / Judgment
Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.
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CJEU Case 33/76 / Judgment
Key facts of the case:
Reference for a preliminary ruling: Bundesverwaltungsgericht - Germany.
Outcome of the case:
ON THOSE GROUNDS , THE COURT IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE BUNDESVERWALTUNGSGERICHT BY ORDER OF 23 JANUARY 1976 , HEREBY RULES :
- IN THE PRESENT STATE OF COMMUNITY LAW THERE IS NOTHING TO PREVENT A CITIZEN WHO CONTESTS BEFORE A NATIONAL COURT A DECISION OF A NATIONAL AUTHORITY ON THE GROUND THAT IT IS INCOMPATIBLE WITH COMMUNITY LAW FROM BEING CONFRONTED WITH THE DEFENCE THAT LIMITATION PERIODS LAID DOWN BY NATIONAL LAW HAVE EXPIRED , IT BEING UNDERSTOOD THAT THE PROCEDURAL CONDITIONS GOVERNING THE ACTION MAY NOT BE LESS FAVOURABLE THAN THOSE RELATING TO SIMILAR ACTIONS OF A DOMESTIC NATURE .
- THE FACT THAT THE COURT HAS GIVEN A RULING ON THE QUESTION OF INFRINGEMENT OF THE TREATY DOES NOT AFFECT THE REPLY GIVEN TO THE FIRST QUESTION .
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Relevance of Charter
Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.