Court clarifies role of national courts when nationalprovision conflicts with European Union law (Uitspraak Eruopees Hof van Justitie)
Case C-282/10, Maribel Dominguez door Allard Knook Court clarifies role of national courts when national provision conflicts with European Union law This reference for a preliminary ruling concerned the interpretation of Art. 7 of the Working Time Directive (Directive 2003/88) The national court asked, inter alia, whether Art. 7 of the Working Time Directive must be interpreted as meaning that in proceedings between individuals a national provision which made entitlement to paid annual left conditional on a minimum period of actual work during the reference period, which was contrary to Art.7, must be disregarded. The Court held that the question whether a national provision must be disapplied in as much as it conflicts with European Union law arose only if no compatible interpretation of that provision proves possible. The Courtre iterated that when national courts applied domestic law they were bound to interpret it, so far as possible, in the light of the word...