Preliminary Rulings under Article 267 TFEU II - Court or Tribunal (Dorsch)

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  • Created on: 10-11-20 20:30
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  • Preliminary Rulings under Article 267 TFEU II - Court or Tribunal (Dorsch)
    • Dorsch Consult Ingenieurgesellschaft (case C-54/96) [1997] ECR I-4961
      • Points 1-3 related to this
    • 1. What was the question ECJ decided to deal with first of all?
      • ECJ decided it needed to determine whether or not Federal Supervisory Board was a 'court of tribunal'
        • Since Article 267 TFEU only allows references to be made by such bodies.
    • 2. ECJ listed relevant factors in making this determination of whether body is court or tribunal as follows
      • (a) whether body is established by law
      • (b) whether it is permanent
      • (c) Whether its jurisdiction is compulsory
      • (d) whether its procedure is inter partes
        • i.e. had hearings where all parties could be present and heard
      • (e) Whether it applies rule of law
      • (f) whether it is independent
    • 3. What was the ECJ's conclusion on this point and why?
      • ECJ decided Federal Supervisory Board could indeed be considered a court or tribunal.
        • Not every single one of the factors need be satisfied, it was sufficient if most of them were present.
      • Broekmeulen v Huisarts Registratie Commissie (case 246/80) [1981] ECR 2311
        • Before Dorsch Consult
        • Appeals Committee of the Dutch medical profession
          • ECJ held it was a court or tribunal
            • Operated with approval and assistance of public authorities;
            • reached its decisions after granting full hearing to parties;
            • its decisions,affectng right to work under EC (now EU Law), were final and not subject to appeal of ordinary courts.
      • Nordsee v Reederei Mond (case 102/81) [1982] ECR 1095
        • ECJ ruled arbirator was not court or tribunal within meaning of Article 267 TFEU
          • so could not make reference to ECJ
        • Arbitration used to resolve contractual dispute between three German firms.
        • ECJ stressed voluntary nature of arbitary's jurisdiction and absence of official involvement in arbitration process


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