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Parliamentary question - E-002655/2021Parliamentary question

Union review of time limit for lodging applications

Question for written answer  E-002655/2021
to the Commission
Rule 138
Loránt Vincze (PPE)

Pursuant to the case-law of the Court of Justice of the European Union[1], if the enforcement of the rights of a legal entity deriving from the Union’s legal order is rendered impossible or excessively difficult by a Member State’s action or limitation period, it may, in certain circumstances, be overruled by EU law.

The Commission has acknowledged in its answers that the Slovak law in question[2] violates EU law[3] and that claims deriving from a violation of rights may be enforced before the courts of the Member State in question on the basis of EU law. The measures and the administrative and judicial practice of the Member State concerned may have hindered enforcement in a way which is similar to or more serious than the case-law on limitation periods.

The limitation period and time limit for lodging applications had passed, yet the Member State courts and constitutional court[4] adopted a position which violated EU law[5] and which rendered the enforcement of rights before the Slovak courts concerned not only excessively difficult but impossible.

Do the Slovak courts need to take into account the relevant EU case-law, and are they obliged, after an application has been upheld, to seek a preliminary ruling on the basis of the criteria established in the Cilfit case if these criteria are met?

Last updated: 31 May 2021
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