The primacy of Community law

“[48] ...in accordance with settled case-law the primacy of Community law requires any provision of national law which contravenes a Community rule to be disapplied, regardless of whether it was adopted before or after that rule.

[49] The duty to disapply national legislation which contravenes Community law applies not only to national courts but also to all organs of the State, including administrative authorities […] which entails, if the circumstances so require, the obligation to take all appropriate measures to enable Community law to be fully applied.”

European Court of Justice, 9 September 2003, Case C-198/01, Consorzio Industrie Fiammifieri (CIF)