EU Law - Incorrect Failure to Refer by Court of Mandatory Jurisdiction (Article 267 TFEU Procedure)

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  • Created by: Alasdair
  • Created on: 11-11-20 15:34
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  • Incorrect Failure to Refer by Court of Mandatory Jurisdiction (Article 267 TFEU Procedure)
    • Technically possible for State to be sued for its final instance court's failure to make Article 267 TFEU reference
    • Kobler v Austria (case C-224/01) [2003] ECR I-10239
      • State sued for failing to make reference
      • Kobler sued Austria relying on principle of State liability
        • Claimed Austrian court had been obliged to make reference - as court of mandatory jurisdiction - but failed to do so, causing him to lose case.
      • On Article 267 reference, ECJ indicated Austria's breach of EU Law had not in case been 'sufficiently serious'
        • But agreed claims of this kind could be made

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