Reference for a preliminary ruling from the Supreme Court (Ireland) made on 22 June 2017 – Minister for Justice and Equality, The Commissioner of the Garda Síochána v Workplace Relations Commission

(Case C-378/17)

Language of the case: English

Referring court

Supreme Court

Parties to the main proceedings

Applicants: Minister for Justice and Equality, The Commissioner of the Garda Síochána

Defendant: Workplace Relations Commission

Question referred

Where

a national body is established by law and has a general jurisdiction conferred on it to inter alia ensure enforcement of Union law in a particular area; and

national law would require that such body not have jurisdiction in a limited category of case where an effective remedy would require the disapplication of national legislation on the basis of national or European law; and

appropriate national courts would have a jurisdiction to make any appropriate order disapplying national legislation which was required to ensure compliance with the measure of European law in question, would have jurisdiction to entertain cases in which such a remedy was necessary, would have jurisdiction in such cases to provide any remedy mandated by Union law and where the remedy provided in the courts has been assessed, in accordance with the jurisprudence of the Court of Justice, as complying with the principles of equivalence and effectiveness,

Must the statutory body concerned nonetheless be taken to have a jurisdiction to entertain a complaint that national legislation was in breach of relevant Union law and, if upholding that complaint, disapply that legislation notwithstanding that national law would confer the jurisdiction in all cases, involving challenges to the validity of legislation on any ground or requiring the disapplication of legislation, on a court established under the Constitution rather than the body in question?

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