Joint answer given by Mr Reynders on behalf of the European Commission
As clarified by the Commission in its reply to the written question E-001533/2020, national courts have jurisdiction to assess the facts of an individual case and to interpret national legislation.
In accordance with the principle of the primacy of EC law, national courts must consider the relevant EU rules and jurisprudence of the Court of Justice of the European Union (CJEU) when ruling on the case.
CJEU has clarified in its case law under which circumstances a national court is under an obligation to request a preliminary ruling from the CJEU. Therefore, it is primarily for the Slovak courts to assess the need to request a preliminary ruling in the specific cases pending before them, in the light of the criteria set out in the Cilfit case law.