Article 267

Question 1

What is article 267 TFEU

Answer 1

Preliminary reference procedure

Question 2

What is the preliminary reference procedure

Answer 2

National courts apply to CJEU on questions of EU law

Question 3

Who can apply under article 267

Answer 3

courts and tribunals

Question 4

Conditions of a relevant court or tribunal

Answer 4

• exercises a judicial function
• degree of official recognition
• independent
• permanent

Question 5

Which courts must refer questions to CJEU

Answer 5

those whose decisions can’t be challenged

Question 6

Which courts have discretion

Answer 6

those who can be challenged

Question 7

Authority for discretion vs compulsory reference

Answer 7

Lyckeskog

Question 8

exceptions to compulsory reference

Answer 8

If CJEU has already dealt with the issue

The question is clear and obvious - self-evident

Question 9

Authority for exceptions

Answer 9

CILFIT

Question 10

When MUST courts and tribunals with discretion refer to the CJEU

Answer 10

When they doubt the validity of EU law

Question 11

What happens during preliminary reference procedure

Answer 11

CJEU considers the question and potentially amends EU law

Do not decide the domestic case

Question 12

Who can declare EU law invalid

Answer 12

Only CJEU

Question 13

Authority for CJEU unique power to declare EU law invalid

Answer 13

Foto-Frost

Question 14

Who is bound by CJEU rulings

Answer 14

All member states and their constituent individuals

Question 15

Retained instances in which CJEU rulings still apply to the UK

Answer 15

Citizen’s rights
Instances regulated by the withdrawal act 2018