Preliminary Remedies

Question 1

What is Section Art267 (a)?

Answer 1

The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning:
the interpretation of the Treaties;

Question 2

What is Art 267 (B)?

Answer 2

The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning:
b. the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union;

Question 3

What does Art 267 TFEU mean?

Answer 3

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 4

What is the effect of preliminary rulings?

Answer 4

Once the CJEU has made its judgment, the case is sent back to national courts for application.

Question 5

When is the National Court obliged to follow the CJEU ?

Answer 5

If the national court determines that the EU law as interpreted by the CJEU is indeed relevant to the case on the facts, it is obliged to follow the CJEU’s ruling.

Question 6

What can the CJEU decide upon?

Answer 6

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

1. Interpretation of the Treaty  2. Validity and interpretation of acts of the institutions, bodies, offices or agencies of the EU

Question 7

What did the Firma Foto-Frost v Hauptzollamt?

Answer 7

• 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 8

Who can refer under Art 267(2)?

Answer 8

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.