the economic-administrative procedure will have to be ensured until its end, even when the decision of the matter may depend exclusively on the interpretation of the EU Law
Following the judgment 21 January 2020 of the CJEU (Grand Chamber), Banco Santander, case C‑274/14, the Supreme Court clarifies that the national administrative bodies (economic-administrative bodies) cannot submit a preliminary ruling to the Court of Justice because it is not a "court or tribunal of a Member State” in the sense of article 267 Treaty on the Functioning of the European Union However, this circumstance does not relieve them of the obligation to ensure that EU law is applied when adopting their decisions and to disapply, if necessary, national provisions which appear to be contrary to provisions of EU law that have direct effect, since these are obligations that fall on all competent national authorities, not only on judicial authorities For this reason, the Supreme Court concludes that the economic-administrative procedure will have to be ensured until its end, even when the decision of the matter may depend exclusively on the interpretation of the EU Law.
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