Chapter Overview

Chapter Overview

Article 267 TFEU preliminary rulings

Art 267(1) Art 267(3)

Jurisdiction of Court of Justice Obligation: 'courts against whose
decisions … no judicial remedy … shall' refer

Validity:
secondary legislation CILFIT: avoiding the
Interpretation: obligation to refer
Treaty +
secondary legislation

Relevance
Refusal to accept references
Previous ruling

No genuine dispute Acte clair: matter equally obvious to

(Foglia) Hypothetical courts of other Member States; EU
questions law in several languages, uses terminology
(Meilicke) that is peculiar to it; concepts do not
necessarily mean the same in EU
Insufficient legal or factual information law and national law; EU law to
(Telemarsicabruzzo) be placed in its context

Art 267(2)
Discretion: 'any court … may' refer

Exercise of
discretion:
answer 'necessary'?

Relevance Acte clair Previous

(Dzodzi) (CILFIT) ruling
(Da Costa)

National rules of
precedent
(Rheinmühlen)

46 Concentrate EU Law

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