Preliminary Reference Flashcards
Article 267 (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
ECSC
Twofold need - 1. Ensure uniformity 2. Establish effective cooperation between CJEU and National Courts
I.C.C
Decisions are multilateral and apply in all Member States
Bulmer v Bollinger
English judges have the last word when applying the treaties.
Foto-Frost
National courts cannot declare a union act invalid.
Article 267 (2)
Court or tribunal may refer should the question be necessary to enable it to give judgment.
Vassen Criteria
Permanent, compulsory jurisdiction, legal representation, independent.
Broekmeulen
Due to the fact the appeal procedure had never been used, this was held to be a court or tribunal.
Nordsee
As arbitration was optional, this was not a court or tribunal.
Danfoss
As they were required to go to proceedings this was held to be a court or tribunal.
Miles v Écoles
Must be “of a member state”
Article 267(3)
Obligation to refer when there is “no remedy under national law” and it is necessary.
Rheinmühlen-Düsseldorf
National courts have the widest discretion in referring matters.
Cartesio
Allowed a lower court decision to be set aside on appeal.
Abstract Theory
Only bodies whose decisions are never subject to appeal i.e Supreme Court