Skoma-Lux sro v. Celní ředitelství Olomouc, Case C-161/06, CJEU (Grand Chamber), 11 December 2007

Imposition of obligations contained in Community legislation not published in the Official Journal of the Union in the language of a new Member State, when the latter is an official language of the Union. Direct discrimination based on language.

Art. 58 of the Act relating to the conditions of accession to the European Union
Art. 254 EC

1. Art. 58 of the Act concerning the conditions of accession to the European Union and the adaptations of the Treaties on which the European Union is founded prevents the obligations contained in Community legislation that has not been published in the Official Journal of the Union in the language of a new Member State, where the latter is an official language of the Union, may be imposed on individuals in that State, even if those persons could have become aware of the legislation by other means. Indeed, the enforceability of an act that has not been duly published would be contra legem and would affect the individuals of a Member State, the negative consequences of failure to comply with the obligation, which was incumbent on the Community administration, to make available, to the date of accession, the legislation in force in the official languages ​​of the Union.

2. While it is true that Community legislation is available on the Internet and that individuals are becoming aware of it more and more frequently through this tool, making such legislation available in such a way cannot be equivalent, in the absence of Community legislation in this regard, to publication in the Official Journal of the European Union.