Arrondissement de Limoges, Francia
This Insight focuses on the decision Association France Nature Environnement (judgment of 3 November 2016, n. 360212) adopted by French Conseil d’Etat on the basis of a preliminary ruling of the Court of Justice. The combined effect of the two decisions – the preliminary ruling of the Court of Justice (judgment of 28 July 2016, case C-379/15, Association France Nature Environnement) and the judgment of the Conseil d’Etat – is to recognise to the national judges the power to limit in time the effects of a declaration of the illegality of a national measure inconsistent with European Law, under certain conditions mainly linked to the need to avoid adverse effect for the environment arising from the annulment. At a close analysis, however, this power is subject to quite restrictive conditions, that also include the duty of the Conseil d’Etat as a last instance court, to refer the issue to the Court of Justice under Art. 267, para. 3, TFEU.
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