Preliminary Rulings

Question 0

No power to decide

Answer 0

ECJ does not decide but merely interprets the issue under union law or determines validity if act in question
- national court can supply remedy

Question 1

Art 267 TFEU

Answer 1

CJEU will have jurisdiction to give preliminary rulings concerning:

• interpretation of treaties
• validity and interpretation of acts of the institutions, bodies, offices or agencies of the union
• national courts refer to the ECJ
• if no judicial remedy under national law they will bring case before ECJ
• if case is pending the ECJ will act with minimal delay

Question 2

Matter of union law

Answer 2

ECJ empowered to give rulings on matters of EU law and no jurisdiction to interpret domestic law or pass judgement on compatibility of union law and domestic law

• give abstract interpretations
• ensures competence between domestic and union law

Question 3

Power of national judges

Answer 3

They are left to decide what, when and how to refer to ECJ on matters

Question 4

Arsenal football club v Reed

Answer 4

Only the place for ECJ to interpret the case and not to decide it which is the role of the national court after interpretation has been considered

Question 5

Broekmulen

Answer 5

Concerns the definition of a court or tribunal

Held that an appeals committee was a court or tribunal despite the fact that Dutch law did not recognize it to be

Question 6

Re Jules Borker

Answer 6

Did not include domestic tribunals

Question 7

Art 267(2)

Answer 7

National court have a discretion to refer

Question 8

Art 267(3)

Answer 8

Compulsory references from national courts to ECJ