Preliminary References

Question 1

Simmenthal 1976

Answer 1

it is unimportant when the reference is made, as long as the case is still active

Question 2

Foto-Frost 1987

Answer 2

the national courts haave no jurisdiction themselves to declare that measures taken by Community institutions are invalid

Question 3

CILFIT

Answer 3

question empty of substance if there already is a PR
also Act Clair under conditions:
- CJEU and national courts must agree that it’s obvious
- it must be equally obvious in all MS language versions
- it must be interpreted in the light of provisions of Union law as a whole

Question 4

TWD 1992

Answer 4

individuals with clear locus standi under Art 263 can’t use the PR procedure, also not within 2-month time limit

Question 5

Foglia v Novello 1987

Answer 5

although the national court does not have to make a reference, it will have to clearly explain why if it’s not doing so