Preliminary Reference Flashcards

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1
Q

Article 267 (1)

A

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

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2
Q

ECSC

A

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

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3
Q

I.C.C

A

Decisions are multilateral and apply in all Member States

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4
Q

Bulmer v Bollinger

A

English judges have the last word when applying the treaties.

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5
Q

Foto-Frost

A

National courts cannot declare a union act invalid.

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6
Q

Article 267 (2)

A

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

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7
Q

Vassen Criteria

A

Permanent, compulsory jurisdiction, legal representation, independent.

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8
Q

Broekmeulen

A

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

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9
Q

Nordsee

A

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

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10
Q

Danfoss

A

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

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11
Q

Miles v Écoles

A

Must be “of a member state”

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12
Q

Article 267(3)

A

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

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13
Q

Rheinmühlen-Düsseldorf

A

National courts have the widest discretion in referring matters.

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14
Q

Cartesio

A

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

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15
Q

Abstract Theory

A

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

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16
Q

Concrete Theory

A

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

17
Q

Lyckeskog

A

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

18
Q

Acte Éclairé

A

CJEU has already answered the question

19
Q

Acte Clair

A

The answer to the question is obvious

20
Q

Pigs Marketing Board

A

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

21
Q

Da Costa - Acte Éclairé

A

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

22
Q

CILFIT - Acte Éclairé and Acte Clair

A

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.

23
Q

CILFIT considerations

A

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

24
Q

R v International Stock Exchange ex p Else

A

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

25
Q

Foglia

A

Case was artificial therefore CoJ refused to give a ruling.

26
Q

Meilicke

A

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

27
Q

Phillip Morris Brands

A

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