Unit 2: Role & relationship with national courts Flashcards

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1
Q

Dorsch Consult

A

Preliminary hearing - the criteria of a ‘tribunal or court’

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2
Q

Nordsee

A

Preliminary hearing - the criteria of a ‘tribunal or court’ - an arbitrator in resolving a contractual dispute was not a court or tribunal

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3
Q

Brokmeulen

A

Preliminary hearing - the criteria of a ‘tribunal or court’ - an appeal committee of the Dutch medical profession was a court or tribunal

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4
Q

CILFIT

A

Preliminary hearing - the criteria of a necessary reference

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5
Q

Costa

A

Preliminary hearing - distinguish between courts which must refer & courts which may refer
/
Preliminary hearing - can the ECJ refuse to do so - dealing with the meaning of national law only

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6
Q

Köbler

A

Preliminary hearing - must refer & courts which may refer - technically possible for a state to be sued for its highest court’s failure to refer

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7
Q

ECJ’s Information Note

A

Preliminary hearing - must refer & courts which may refer - how the courts with permissive jurisdiction exercise their discretion

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8
Q

Trinity Mirror plc

A

Preliminary hearing - must refer & courts which may refer - ultimate discretion

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9
Q

Novello

A

Preliminary hearing - can the ECJ refuse to do so - Absence of genuine dispute

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10
Q

Circostel

A

Preliminary hearing - can the ECJ refuse to do so - Insufficient factual information

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