86130
Description
Mind Map by alex.ariel, updated more than 1 year ago
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Created by alex.ariel
almost 11 years ago
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Art 267 TFEU Ref
- Definition
- Body must be a Court or Tribunal (Dorsch Consult)
- Dorsch Consult guidelines: Permanent; Established at law;
Compulsory Jurisdition; Hearings where all parties present and
heard; Applies rule of law; Independent
- Brokmeulen
- Not all criteria need be satisfied
- Nordsee
- Brokmeulen
- Is the decision on a point of EU law necessary? (CILFIT)
- CILFIT criteria: Q of EU law NOT necessary where:
i) Irrelevant to case conclusion ii) Previously dealt w/
by ECJ (but would not preclude ref: Da Costa) iii)
Application of EU law obvious
- Is the court of Mandatory or Permissive jurisdiction
- Mandatory jurisdiction = no right of appeal
AND decisions binding (Costa v ENEL)
- MUST make Art 267 Ref IF court considers decision
on Q of EU law necessary to enable judgement
- MUST make Art 267 Ref IF court considers decision
on Q of EU law necessary to enable judgement
- Permissive jurisdiction = court w/ national right of appeal
- MAY refer Art 267 Ref but not have to
- MAY refer Art 267 Ref but not have to
- Should the court refer? Level of Uncertainty
required before Ref made
- ECJ Guidance
- Refer if no previous case law
- National issues should be resolved first
(Irish Creamery)
- Higher Court can NOT prevent referral from
lower court (Rheinmuhlen)
- Refer if no previous case law
- UK Guidance
- International Stock Exchange: Court
recognise use should be made of ECJ -
greater experience of EU law
- Trinity Mirror: UK courts should show greater self-restraint when
making ref (so ECJ not collapse under case load)
- Ref general importance, promoting uniform
application of EU Law - refer
- Ref specific importance i.e. no application
beyond case - NOT refer
- Ref general importance, promoting uniform
application of EU Law - refer
- International Stock Exchange: Court
recognise use should be made of ECJ -
greater experience of EU law
- National court can not declare EU
law invalid (Foto-Frost)
- ECJ Guidance
- Mandatory jurisdiction = no right of appeal
AND decisions binding (Costa v ENEL)
- CILFIT criteria: Q of EU law NOT necessary where:
i) Irrelevant to case conclusion ii) Previously dealt w/
by ECJ (but would not preclude ref: Da Costa) iii)
Application of EU law obvious
- Dorsch Consult guidelines: Permanent; Established at law;
Compulsory Jurisdition; Hearings where all parties present and
heard; Applies rule of law; Independent
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