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Winner Wetten GmbH v Bürgermeisterin der Stadt Bergheim - national court must not apply domestic law if it is contrary to EC law

Advocate General considers that (1) a national court must not allow a rule of domestic law contrary to a directly applicable Community rule to continue to be applied. To do so would impair the effective and uniform application of Community law and, therefore, the "principle of primacy"; and (2) domestic law can only be justified in infringing the right of freedom to provide services, under Art 49EC, if it pursues its aims in a "consistent and systematic manner".

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