Preliminary References

Question 1

What are the facts and outcome of this case C-66/80 I.C.C. EU:C:1981:102?

Answer 1

EU Regulation on reducing skimmed milk stocks previously found invalid.
Held :
-Uniformity of EU law is central
-Importance of legal certainty
-Decision has multilateral effect – applies in all MS

Question 2

What types of questions should be referred?

Answer 2

Two types of cases (Art. 267(1) TFEU):

Interpretation of the Treaty

Validity and interpretation of acts of the institutions, bodies, offices or agencies of the EU

Question 3

what was established in Bulmer v Bollinger ?

Answer 3

There is a difference between interpretation of the treaties and application
First], the task of applying the Treaty. On this matter in our courts the English judges have the final word…Before the English judge can apply the Treaty, they have to see what it means and what is its effect. In the task of interpreting the Treaty, the English judges are no longer the final authority…They are no longer in a position to give rulings which are of binding force. The supreme tribunal for interpreting the Treaty is the European Court of Justice.”

Question 4

What was a Case C-314/85 Firma Foto-Frost v Hauptzollamt Lübeck-Ost EU:C:1987:452
Facts:
Commission decision conflicted with a Regulation – could the national court declare the decision to be invalid?

What was held in this case?

Answer 4

Court and tribunals may consider the validity of a Union act:
Can decide that arguments about invalidity are unfounded and declare a Union act to be valid
BUT cannot find act invalid – CJEU has exclusive jurisdiction to declare void an act of a Union institution

Question 5

Who can refer?

Answer 5

Art. 267(2) TFEU:
Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court to give a ruling thereon.

Question 6

What is considered a court or a tribunal?

Answer 6

Relevant factors (Vaassen criteria, see Case C-61/65 Vaassen-Goebbels EU:C:1966:39

but clearer in later cases such as :
Case C-54/96 Dorsch Consult EU:C:1997:413):
-Permanent
-Compulsory jurisdiction
-Inter partes procedure
-Should apply rules of law
-Independent (No organisational link to the parties - Case C-516/99 Schmid EU:C:2002:313)