Warunki odstąpienia od zastosowania normy prawa krajowego sprzecznej z prawem unijnym w sprawie sądowoadministracyjnej
Conditions for Waiving the Application of a Provision of National Law Contrary to EU Law in an Administrative Court Case

Summary/Abstract: In the judgment, the Supreme Administrative Court assessed the compatibility with EU law of a provision of national law. This provision concerned the dismissal of a bailiff from his position upon reaching the age of 65. The Court held that the provision was a manifestation of direct discrimination within the meaning of Article 2(2)(a) of Directive 2000/78/EC and therefore could not be applied in the case under review. The refusal to apply this provision was the consequence of the impossibility of ensuring its compatibility with EU law by means of a pro-EU interpretation of national law. In the commentary, the court’s assessment was considered correct.

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