Eu Ws1 Article 267 Reference

Front 1

Any “court or tribunal” may make a reference
Relevant Factors:
- Body is established by law
- Body is permanent
- Jurisdiction is compulsory influential
- Proceedings are inter partes (all parties given a hearing)
- Whether rules of law are applied
- Independence

Back 1

Dorsch Consult Ingenieurgesellschaft

Front 2

Confirming Dorsch Consult

Back 2

Nordsee V Reederei Mond

Front 3

Not all Dorsch Consult factors need be present, just most

Back 3

Broekmuelen v Huisarts

Front 4

A decision not necessary if:
- The point of law is irrelevant to deciding the case
- has been decided by the ECJ already elsewhere (see Da Costa)
- The point is too obvious for reasonable doubt across member states

Back 4

CILFIT srl v Minitstra della Sanita

Front 5

Final instance courts must refer points of EU law they cannot decide

Back 5

TFEU 267

Front 6

A court of mandatory jurisdiction includes highest court for that type of case

Back 6

Costa v ENEL

Front 7

Where bound by a higher court on a ECJ point, a permissive court may refer a point

Back 7

Rheinmuhlen-Dusseldorf

Front 8

A national court cannot declare a piece of EU law invalid

Back 8

Foto-Frost v Hauptzollamt

Front 9

It is up to national courts to decide what stage of proceedings to refer; usually decide facts of case and issues of national law first

Back 9

Irish Creamery Milk Suppliers Association

Front 10

Courts must make a reference unless they can answer question in “complete confidence”

Back 10

ex p Else

Front 11

Courts must show restraint in relation to wishes of parties, ECJ work load and general importance of the point

Back 11

Trinity Mirror

Front 12

Only substantive points of EU law addressed, not interpreting national laws

Back 12

Costa v ENEL

Front 13

No genuine dispute (will not rule on artificial cases aimed at getting a ruling)

Back 13

Foglia v Novello

Front 14

Insufficient factual background or relevant national law

Back 14

Telemarsicabruzzo v Circostel