Re: You Couldn't Make it Up
Originally Posted by Bread
That was the German courts over ruling the ECJ Solasch. My post is about the ECJ suing the German Courts because of it.
For your convenience I've translated part of the dutch article.
The lawsuit was brought in 2015
by mainly conservative German professors. They had asked the court in Karlsruhe to block German participation in the buy-back program. At that time, the court was not prepared to do so. Instead, the German judges turned to the EU Court in Luxembourg for advice. Entirely according to the rules, because "Luxembourg" and not "Karlsruhe" decides on the interpretation of EU law, which also includes the ECB. In 2018, the EU court ruled that the ECB's purchases are indeed legal. This
advice is now being ignored by the German court, a decision by which it effectively forces a constitutional crisis with EU judges in Luxembourg. Because in principle the EU Court, and not the German court, tests EU law
. In principle, the German court is only the guardian of the German constitution, but now suddenly presents itself as an arbitrator of European monetary policy.
Not overruled, but ignored a previous ruling by the only competent court on these matters. It seems it is beyond you.