A national court is not required to apply a decision of its constitutional court that infringes EU law (ECJ)

In its Judgment of 26.9.2024 in Case C-792/22 (Energotehnica) the Court of Justice ruled as regards the right to an effective remedy that a national court is not required to apply a decision of its constitutional court that infringes EU law. In such a case, the national court may not be penalised. 

Following the death of an electrician by electrocution during a maintenance operation, an administrative procedure was initiated against his employer. At the same time, criminal proceedings for negligence and manslaughter were initiated against the supervisor. The victim’s next of kin also became civil parties to the criminal proceedings. 

The administrative court hearing the dispute concluded that the present case did not involve an ‘accident at work’. It annulled the administrative penalties imposed on the employer. According to national legislation, as interpreted by the Romanian Constitutional Court, that administrative decision prevents the criminal court from reconsidering whether the accident constitutes an accident at work. 

In that context, the Court of Appeal, Brașov (Romania), asks the Court of Justice whether that national law, as interpreted by the Constitutional Court, is compatible with EU law on worker safety [1] . 

In its judgment, the Court of Justice holds that EU law precludes a law of a Member State that, according to its constitutional court, makes the judgment of an administrative court on an ‘accident at work’ final for the criminal court, where that law prevents the victim’s next of kin from being heard. 

EU law [2] aims to protect the safety of workers and requires employers to ensure a safe working environment. It is for the national bodies to determine the procedures for holding employers liable in the event of failure to fulfil such obligations. However, those procedures may not hinder the exercise of rights conferred by EU law. 

The Court recalls that, in judicial proceedings, the right to an effective remedy includes the right to be heard. Where a court takes a decision on civil liability without allowing the parties concerned to present their arguments, that right is infringed. In that regard, the Court states that national judges must be able to refuse to follow a decision of their constitutional court if that decision is contrary to EU law. Where that is the case, they cannot incur disciplinary penalties. (curia.europa.eu/photo freepik.com)

The judgement is available here

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[1] Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. 

[2] Directive 89/391/EEC, in conjunction with Article 31 of the Charter of Fundamental Rights of the European Union and the principle of effectiveness.