Preliminary Rulings

Question 1

What? Why?

Answer 1

To help national courts in resolving cases

Question 2

What can be challenged ?

Answer 2

1. Interpretation of Treaties

2. Secondary measures (including their validity)

Question 3

Who has standing ?

Answer 3

Only national courts :

• Lower CAN refer
• Higher MUST refer

Question 4

Under which conditions ?

Answer 4

1. The court must be trying to solve a dispute
2. The case must be pending
3. The proceedings are intended to lead to a decision of judicial nature

Question 5

What shouldn’t be asked ?

Answer 5

1. Irrelevant questions (has no link to the case)
2. Acte éclairé (the question has already been asked)
3. Acte clair (answer is super obvious)

Question 6

Effet of decision

Answer 6

Questions of interpretation :

• Binding over the national court
• Ex tunc - Taken as if the interpretation given has always been the correct one

Questions of validity :

• Inapplicability of the measure in the national case
• Must be observed by other MS
• Erga Omnes - Binding on everyone

Question 7

When can the ECJ refuse to rule ?

Answer 7

1. Unnecessary questions (bears no relation to EU law)
2. Hypothetical questions (needs a concrete case)
3. ECJ does not have enough factual informations

Question 8

Why ?

Answer 8

1. Unity of EU law
2. Conflict resolution
3. Development of EU law
4. Judicial review of legislative acts