Preliminary Reference

Question 1

Article 267 (1)

Answer 1

CJEU shall have jurisdiction to give preliminary rulings concerning a) the interpretation of the Treaties b) the validity and interpretation of acts of the institutions of the Union

Question 2

ECSC

Answer 2

Twofold need - 1. Ensure uniformity 2. Establish effective cooperation between CJEU and National Courts

Question 3

I.C.C

Answer 3

Decisions are multilateral and apply in all Member States

Question 4

Bulmer v Bollinger

Answer 4

English judges have the last word when applying the treaties.

Question 5

Foto-Frost

Answer 5

National courts cannot declare a union act invalid.

Question 6

Article 267 (2)

Answer 6

Court or tribunal may refer should the question be necessary to enable it to give judgment.

Question 7

Vassen Criteria

Answer 7

Permanent, compulsory jurisdiction, legal representation, independent.

Question 8

Broekmeulen

Answer 8

Due to the fact the appeal procedure had never been used, this was held to be a court or tribunal.

Question 9

Nordsee

Answer 9

As arbitration was optional, this was not a court or tribunal.

Question 10

Danfoss

Answer 10

As they were required to go to proceedings this was held to be a court or tribunal.

Question 11

Miles v Écoles

Answer 11

Must be “of a member state”

Question 12

Article 267(3)

Answer 12

Obligation to refer when there is “no remedy under national law” and it is necessary.

Question 13

Rheinmühlen-Düsseldorf

Answer 13

National courts have the widest discretion in referring matters.

Question 14

Cartesio

Answer 14

Allowed a lower court decision to be set aside on appeal.

Question 15

Abstract Theory

Answer 15

Only bodies whose decisions are never subject to appeal i.e Supreme Court

Question 16

Concrete Theory

Answer 16

Any body where the court or tribunal decision is not subject to appeal in the type of case in question.

Question 17

Lyckeskog

Answer 17

Obligation to refer is designed to prevent a body of national law inconsistent with Union law from coming into existence.

Question 18

Acte Éclairé

Answer 18

CJEU has already answered the question

Question 19

Acte Clair

Answer 19

The answer to the question is obvious

Question 20

Pigs Marketing Board

Answer 20

National court has to assess the relevance of a question before referring.

Question 21

Da Costa - Acte Éclairé

Answer 21

Under 267(2) any court may refer a question but if there is no new factor the CJEU will simply restate its previous ruling.

Question 22

CILFIT - Acte Éclairé and Acte Clair

Answer 22

AÉ - same as Da Costa.

AE - “so obvious as to leave no scope for any reasonable doubt” then the obligation to refer does not apply.

Question 23

CILFIT considerations

Answer 23

The national court should consider different language variations, EU terminology and in light of EU law as a whole.

Question 24

R v International Stock Exchange ex p Else

Answer 24

Should refer unless they can with complete confidence resolve the issue themselves.

Question 25

Foglia

Answer 25

Case was artificial therefore CoJ refused to give a ruling.

Question 26

Meilicke

Answer 26

Was not proven that the answers were necessary to resolve the case therefore the ruling was refused.

Question 27

Phillip Morris Brands

Answer 27

Must set out the precise reasons why they consider a reply to be necessary.