The ECJ

Question 0

Nordsee v Reederei Mond

Answer 0

an arbitral tribunal is not a court or tribunal under Art 267 TFEU

Question 1

Dorsch Consult Ingenieurgesellschaft

Answer 1

factors in deciding what is a court or tribunal: (a) the body is established by law (b) it is permanent (c) its jurisdiction is compulsory (c) its procedure is inter partes (d) it applies rule of law (e) it is independent

Question 2

CILFIT

Answer 2

A reference should be made except when: (a) the question of interpretation of EU law is not relevant to the conclusion of the case (b) previous decisions of the ECJ have already dealt with the point (c) the correct application of EU law is obvious (acte clair)

Question 3

Costa v ENEL

Answer 3

Duty to refer: a court against whose decisions there is no judicial remedy under national law means the highest court of the national system for that particular case