Preliminary rulings

Question 1

Where?

Answer 1

Court of Justice, can be General Court but that is not yet implemented

Question 2

Whom?

Answer 2

1. Any court or tribunal - Must respect the criterion of Broeckmeulen:
   - Permanent
   - Established by law
   - Compulsory
   - Inter Partes
   - Applies rule of law
   - Independent
   - Decision of judicial nature
   - Concrete
2. Highest court must refer

Question 3

When not to refer?

Answer 3

1. Acte clair

2. Acte éclairé (because erga omnes)

Question 4

Why?

Answer 4

Right established in Foto-Frost case

1. For uniform application
2. For judicial review
3. For development of EU law
4. For dispute resolution

Question 5

How?

Answer 5

1. Using interpretation:
   - Textual
   - Systematic
   - Linguistic comparison
   - Purpose-based
2. Validity

Question 6

Elchinov

Answer 6

National court is not bound to higher court’s judgement if it is incompatible with EU law

Question 7

Cortesio

Answer 7

Higher court cannot prevent lower court to refer

Question 8

Melki and Abdeli

Answer 8

If constitutional question, the constitutional review procedure should not prevent the lower court to refer

Question 9

X & van Dijk

Answer 9

If similar case is pending both before lower and higher court, the lower court is still allowed to refer