The German Federal Supreme Court rules that the European Central Bank should have explicitly considered whether there was an appropriate balance between the monetary policy effects of the Public Sector Purchase Programme and the economic effects, and the ruling denies the primacy of EU law over the German Basic Law (Dr. W... a.e.)

On 5 May 2020, the German Federal Constitutional Court sitting in Karlsruhe adopted its Dr. W... e.a. ruling by seven votes to one which results in a genuine declaration of war at the Court of Justice of the European Union. [1] Dr. W… e.a. denies the primacy of EU law over the German Basic Law and the precedence of the authority of the EU Court over the authority of national courts of the EU Member States to construct and enforce the EU Treaties. 1. THE FACTS OF THE DR. W… E.A. CASE 1. In 2016, a group of German citizens lodged four constitutional complaints, also called ultra vires appeals, with the German Federal Constitutional Court (Bundesverfassungsgericht, hereafter the “BVerfG”). The German Federal Constitutional Court is a German federal court dedicated to ensuring that the

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  • Delcade Avocats & Solicitors (Paris)

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Jeremy Bernard, The German Federal Supreme Court rules that the European Central Bank should have explicitly considered whether there was an appropriate balance between the monetary policy effects of the Public Sector Purchase Programme and the economic effects, and the ruling denies the primacy of EU law over the German Basic Law (Dr. W... a.e.), 5 May 2020, e-Competitions May 2020, Art. N° 95056

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