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Summary 6 Preliminary Ruling
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6 Preliminary Ruling
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6. Preliminary Ruling6. Preliminary Ruling
Preliminary Ruling
Art. 267 TFEU Purpose Who can refer? Circumstances of referral Interim measures
referral of uniform interpretation all courts and tribunals four a) interpretation of EU law lengthy period between
questions on EU of EU law criteria (Broeckmeulen) - courts of last instance obliged reference and judgment by
law to ECJ by - national courts no 1. independent to refer (Art. 267(3) TFEU) ECJ national courts
national courts competence to - impartial and with no two exceptions (CILFIT) required to grant interim
preliminary ruling declare EUlaw interest in outcome of 1) acte éclairé: materially relief
by ECJ on invalid! (Fotofrost) dispute (Corbiau) identical matter already a) relief against autonomous
interpretation of development of EU law 2. established by law decided upon national provision
Treaties and judicial review of EU 3. compulsory jurisdiction 2) acte clair: provision so incompatible with EU law
validity of acts of institutions 4. taking decisions of judicial clear that no reasonable - national court must do
institutions - individuals nature doubt on application everything to secure
direct relationship challenging national - no arbitration panels - all other courts discretion to effectiveness of ECJ
between national measure lower courts not bound by appeal refer (Art. 267(2) TFEU) judgment (Factortame)
courts and ECJ implementing EU of higher court to refer b) validity of EU law b) relief against national law
- measure in national (Rheinmühlen) - all courts obliged to refer implementing EU law
court with - irrespective of national - only ECJ power to declare EU question of validity of EU
presumption of legislation act invalid (Fotofrost) law
referral (Fotofrost) for national courts to decide on ECJ decision bindingon referring - applicant must prove
institutional balance facts and whether reference in court (Benedetti) serious and irreparable
dispute resolution: accordance with national laws or - but free to refer same question damage, weighed
reference must not (WWF) back to ECJ against EU interest in
meaningfully contribute - but ECJ power to refuse priority ruling in two procedures not having measure
to resolution of dispute reference if dispute 1. accelerated procedure in disapplied
(Foglia) hypothetical or factual and exceptionally urgent cases (Zuckerfabrik,
legal context not properly 2. urgent procedure if reference Martini)
explained (Foglia) ‘quite with regard to person in
obvious test‘ (Plato Plastik) custody
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