Article 267 Procedure Flashcards
Which case determines whether a body is a court or tribunal for the purposes of Article 267 TFEU?
Dorsch Consult
What are the 6 criteria in Dorsch Consult for deciding whether a body is a court or tribunal?
- Permanent?
- Rules of law applied?
- Independent?
- Compulsory Jurisdiction?
- Established at law?
- Inter pares procedure?
In what case was an appeals body of the Dutch medical profession considered a “court or tribunal”?
Broekmeulan
In what case was a private arbitrator neiter a court or tribunal?
Nordsee
What are the CILFIT criteria for determining whether a reference is not necessary?
- Is the interpretation of EU law Irrelevant?
- Has the decision already been decided?
- Is the application of EU law obvious?
An individual may bring an action against a state for state liability if a court has failed to make an Article 267 reference?
Kobler v Austria
National courts should resolve issues of national law first. Which case?
Irish Creamery v Ireland
In which case did which judge urge referrals to the ECJ?
Lord Bingham in R v International Stock Exchange
In which case did the Court of appeal urge restraint in referring to EU law?
Trinity Mirror
The ECJ will refuse a reference where there is no genuine dispute. Which case?
Foglia v Novello
Which case specifies that that a court of mandatory jurisdiction is the highest court of the national system for that type of case, not necessarily the highest court?
costa v ENEL
Which statutory references confirm the legal effects of ECJ (and thus article 267 references) rulings?
Section 3 (1) and (2) ECA 1972: requires uk courts to follow rulings of ECJ Article 4 (3) TEU: national courts must apply the rulings in subsequent cases involving the same point of EU law.
Which case said in relation to an Article 267 reference that the ECJ will not decide national law? The question was imperfectly formulated.
Costa v ENEL
