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14 Cards in this Set
- Front
- Back
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 |
Dorsch Consult Ingenieurgesellschaft
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Confirming Dorsch Consult
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Nordsee V Reederei Mond
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Not all Dorsch Consult factors need be present, just most
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Broekmuelen v Huisarts
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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 |
CILFIT srl v Minitstra della Sanita
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Final instance courts must refer points of EU law they cannot decide
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TFEU 267
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A court of mandatory jurisdiction includes highest court for that type of case
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Costa v ENEL
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Where bound by a higher court on a ECJ point, a permissive court may refer a point
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Rheinmuhlen-Dusseldorf
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A national court cannot declare a piece of EU law invalid
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Foto-Frost v Hauptzollamt
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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
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Irish Creamery Milk Suppliers Association
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Courts must make a reference unless they can answer question in “complete confidence”
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ex p Else
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Courts must show restraint in relation to wishes of parties, ECJ work load and general importance of the point
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Trinity Mirror
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Only substantive points of EU law addressed, not interpreting national laws
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Costa v ENEL
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No genuine dispute (will not rule on artificial cases aimed at getting a ruling)
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Foglia v Novello
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Insufficient factual background or relevant national law
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Telemarsicabruzzo v Circostel
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