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Case C-289/21: Judgment of the Court (Fifth Chamber) of 24 November 2022 (request for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — IG v Varhoven administrativen sad (Reference for a preliminary ruling — Article 47 of the Charter of Fundamental Rights of the European Union — Effective judicial protection — National procedural rule providing that an action seeking to dispute the compatibility of a national provision with EU law is devoid of purpose where the provision is repealed in the course of proceedings)

ECLI:EU:UNKNOWN:62021CA0289

62021CA0289

November 24, 2022
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23.1.2023

Official Journal of the European Union

C 24/8

(Case C-289/21) (<span class="oj-super oj-note-tag">1</span>)

(Reference for a preliminary ruling - Article 47 of the Charter of Fundamental Rights of the European Union - Effective judicial protection - National procedural rule providing that an action seeking to dispute the compatibility of a national provision with EU law is devoid of purpose where the provision is repealed in the course of proceedings)

(2023/C 24/10)

Language of the case: Bulgarian

Referring court

Parties to the main proceedings

Applicant: IG

Defendant: Varhoven administrativen sad

Operative part of the judgment

The principle of effectiveness as enshrined in Article 47 of the Charter of Fundamental Rights of the European Union must be interpreted as precluding a procedural rule of a Member State according to which, where a provision of domestic law challenged by an action for annulment on the ground that it is contrary to EU law is repealed and therefore ceases to have any effect for the future, the dispute is deemed to have become devoid of purpose with the result that there is no longer any need to adjudicate on it, without the parties having first been able to assert any interest they may have in the continuation of the proceedings and without any account having been taken of any such interest.

(<span class="oj-super">1</span>) OJ C 289, 19.7.2021.

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