Dinamarca contraatacael caso Ajos, un nuevo desafío para el diálogo judicial

  1. Daniel González Herrera 1
  1. 1 Universidad de Salamanca
    info

    Universidad de Salamanca

    Salamanca, España

    ROR https://ror.org/02f40zc51

Journal:
European papers: a journal on law and integration

ISSN: 2499-8249

Year of publication: 2017

Volume: 2

Issue: 1

Pages: 329-338

Type: Article

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More publications in: European papers: a journal on law and integration

Sustainable development goals

Abstract

On 6 December 2016, the Supreme Court of Denmark delivered its judgment in the Ajos case (no. 15/2014, DI acting for Ajos A/S v. The estate left by A.). The Danish Court surprisingly disregarded the guidelines provided by the Court of Justice in its preliminary ruling of April 19, 2016. With its decision, the Supreme Court rejected the principle of the primacy of non-written general principles of EU law over national law. Using a rather dubious legal reasoning, it has taken its own way in deciding how the EU law is to be applied in Denmark. But the Court of Justice may be held partially responsible for this situation, since it has not shown due respect for the role of the supreme courts in the Member States.

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