Intro

Question 1

Preliminary reference

Answer 1

national court refers a q to CJEU

Question 2

preliminary ruling

Answer 2

CJEU makes a decision on interpretation/ validity of EU law

Question 3

Art 267 TFEU

CJEU have jurisdiction to give preliminary rulings concerning (2)

Answer 3

interpretation of treaties

validity and interpretation of acts of the institutions, bodies, offices, or agencies of the union

Question 4

Art 267 TFEU

where such a question is raised before any court/ tribunal, that court/ tribunal may… plus article

Answer 4

Art 267(2) TFEU
request CJEU to give a ruling, if the decision on the q is necessary to enable it to give a judgement

Question 5

Art 267 TFEU
when SHALL a court/ tribunal bring a q to CJEU
plus article

Answer 5

Art 267(3) TFEU 
When a q is raised in a case pending before a court/ tribunal of a MS, against whose decision there is no judicial remedy under national law

Question 6

Art 267 TFEU

if such a q is raised in a case pending with regard to a person in custody…

Answer 6

CJEU shall act with the minimum of delay

Question 7

purpose of preliminary referencing (2) plus case

Answer 7

Acciaierie e ferriere Busseri
ensure uniformity
establish effective cooperation between CJEU and national courts

Question 8

effect of preliminary rulings (2) plus case

Answer 8

once CJEU has made judgement, case is sent back to national courts for application
if national court determines eu law as interpreted by CJEU is indeed relevant to the case on the facts, it must follow this ruling - I.C.C (1981)