Financial Times published today our letter – Italian court has asserted its supremacy over ECJ. We predicted this would happen in February of this year when we informed the European Commission that the Italian Court was reneging on its Treaty obligations (the Commission has, so far, not replied, despite several reminders)
Under the EU Treaty – a final court of appeal in a national jurisdiction is obliged to refer a case to the ECJ if the matter concerns EU law. The Grand Chamber of the Italian Court of Cassation flouted that.
Message to all EU member states, if you don’t like a judgment of the ECJ … no worries … you can always get your judges at home to stitch up a “better” decision.
Here in In PDF Italian court has asserted its supremacy over ECJ