Refusal To Provide Ruling

Question 1

national courts have ultimate decision to refer but (2) plus case

Answer 1

CJEU can decide whether to give a ruling

this dynamic was challenged in Foglia

Question 2

foglia

Answer 2

CJEU refused as proceedings were artificial

Question 3

foglia II

Answer 3

CJEU wont entertain hypothetical cases

Question 4

irrelevant questions case

Answer 4

philip morris brands

Question 5

questions not articulated clearly (2) plus case

Answer 5

CJEU need to give meaningful response
NC need to provide sufficient factual and legal context to allow CJEU to respond
Telemarsicabruzzo

Question 6

CJEU recommendations to NC on required info (6)

Answer 6

subject matter of dispute
relevant national law
relevant eu provisions
why NC referred matter
relationship between national rules and eu law
summary of parties arguments

Question 7

brexit case

Answer 7

wightman v Secretary of state for exiting the eu

Question 8

draft withdrawal agreement

UK retains right to… plus article

Answer 8

Art 86(2)
refer any cases during transition period

Question 9

draft withdrawal agreement

references may be made from UK for _ years from the end of the ___ ___ in relation to… plus article

Answer 9

Art 158(1) 
for 8 years from the end of the transition period in relation to its provisions on citizens rights

Question 10

draft withdrawal agreement

references made after the transition period… plus articles

Answer 10

Art 161(2) 
follow the same procedure as currently under Art 267 TFEU

Question 11

draft withdrawal agreement

disputes between the UK and EU after the transition fall to be resolved by… plus article

Answer 11

Art 174(1) an independent arbitration panel, if an issue of interpretation arises, the panel should refer the Q