| Summary: | (Series Information) European Papers - A Journal on Law and Integration, 2017 2(1), 321-327 | European Forum Insight of 29 March 2017 | (Table of Contents) I. Introduction. - II. The legal and factual background of the case. - III. The power of national courts to maintain in force national provisions in breach of EU law: mitigating the supremacy of EU law in the environmental protection sector. - VI. The expanded application of the Inter-Environnement case law in Association Nature France Environnement. - V. CILFIT revisited? - VI. Conclusion. | (Abstract) In Association France Nature Environnement (judgment of 28 July 2016, case C-379/15), the Court of Justice dealt with two issues. First, is it possible for national courts to limit the effects of a judicial decision annulling national law contrary to EU law in the field of environmental protection? Second, are national courts obliged to make a preliminary reference to the Court of Justice in case of doubts on the possibility to postpone the temporal effects of a judgment annulling national law contrary to EU law? This judgment expands the Inter-Environnement Wallonie case law by granting to national courts further leeway to maintain in force the national legislation in breach of EU law. At the same time, it also expands the CILFIT case law.
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