EU Law - Does the ECJ Ever Refuse to Accept a Reference (Article 267 TFEU Procedure)
- Created by: Alasdair
- Created on: 11-11-20 15:01
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- Does the ECJ Ever Refuse to Accept a Reference (Article 267 TFEU Procedure)
- Intro
- ECJ can only give ruling on meaning of EU Law - not on meaning of national law
- Often national court will be hearing case where one of major issues is whether provision of national law conflicts with EU Law
- ECJ does not consider questions concerning whether EU Law conflicts with National Law
- Costa v ENEL made this clear
- Italian Court asked whether particular law conflicted with EEC Treaty
- Described by ECJ as 'imperfectly formulated' question
- Italian Court asked whether particular law conflicted with EEC Treaty
- ECJ doesn't interpret National Law
- Costa v ENEL made this clear
- ECJ does not consider questions concerning whether EU Law conflicts with National Law
- ECJ answers questions from national courts will often leave national court in no doubt as to ECJ's views on compatibility of provision of national law with TFEU
- Absence of genuine dispute
- Foglia v Novello (No 1) (case 104/79) [1980] ECR 745
- Dispute over whether producer or exporter of wine should pay French tax for wine
- ECJ refused to accept reference
- Not in fact genuine dispute between parties
- Court had no jurisdiction to give ruling
- Parties had concocted dispute and started legal proceedings
- Subtext to ask whether or not French liqueur tax system breached EC Law
- Both parties hoped ECJ would rule tax system (disadvantageous to them both) did indeed breach EC Law
- ECJ, suspecting an absence of genuine dispute, unwilling to accept reference from Italian court.
- Both parties hoped ECJ would rule tax system (disadvantageous to them both) did indeed breach EC Law
- Subtext to ask whether or not French liqueur tax system breached EC Law
- Not in fact genuine dispute between parties
- Foglia v Novello (No 2)
- Same case, ECJ responded it was upto national courts to decide whether to make reference
- ECJ would refuse to accept references about cases outside its jurisdiction.
- Foglia v Novello (No 1) (case 104/79) [1980] ECR 745
- Insufficient information about factual background to case or relevant provisions of national law
- Telemarsicabruzzo v Circostel (cases C-320-322/90) [1993] ECR I-393
- Italian court referred two questions to ECJ involving complex issues of Competition Law
- Italian provided virtually no factual background for questions
- ECJ refused to accept reference
- Telemarsicabruzzo v Circostel (cases C-320-322/90) [1993] ECR I-393
- Intro
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