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Case C-75/23, Parchetul de pe lângă Tribunalul Braşov, Judgement of the Court of 9 January 2024 (Ninth Chamber)

Clarifications regarding the obligation of Member

States to combat fraud affecting the financial

interests of the EU through dissuasive and

effective measures, and the need to respect

fundamental rights protected by EU law and

national law; Duty of the national courts to

disapply national judgments in the event that they

are incompatible with such an obligation; Conflict

of the obligation to disapply such judgments with

the national standard of protection of fundamental

rights in a situation where the action of the

Member States is not entirely determined by EU

law; Distinction between national standards of

protection relating to the legality principle and the

lex mitior principle.


Case Number C-75/23

Name of the parties M.A.sr, and others

Date of the judgement 2024-01-09

Court Court of Justice

Link https://eur-lex.europa.eu/legal-content/FR/TXT/HTML/?uri=CELEX:62023CO0075