Is the Q to be referred within jurisdiction of ECJ?
Art 267 ECJ functions - give preliminary rulings concerning the interpretation of the treaty. The validity and interpretation of acts of the institutions, bodies, offices or agencies of the union
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What did Costa establish?
Limitations of courts jurisdiction - can't deal with issues of national law
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What did Foglia establish?
The court can refuse to accept references where there is an absence of genuine dispute/ hypothetical question - no real dispute between parties
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What did Circostel establish?
Insufficient information about factual background to case or relevant provisions of national law - ECJ couldn't give ruling
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What did Dorsch establish?
Meaning of court or tribunal - body established by law/permanent/jurisdiction compulsory/procedure inter partes/rule of law/independent
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What did Broekmeulen establish?
Borderline case - was appeals committee C/t? ECJ held it was as had official involvement, compulsory jurisdiction, no other forum available, regulated core freedom
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What did Nordsee establish?
Arbitration is not a court or tribunal
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Is a decision on interpretation/ validity of EU law 'necessary' for judgement?
Cilfit criteria - Not neccessary if 1.any criteria in Art 6 met 2. ruling won't affect outcome 3. EU law already been interpreted 4. correct application obvious
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What is the acte clair principle?
Leave no scope for any reasonable doubt Acte clair - NB beware of too liberal use as needs to be clear to all MS - universally obvious
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What did Costa establish?
No strict system of precedents, ECJ not strictly bound by previous rulings, national court may still refer if there such a prior ruling if there is good ground for doing so
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What is a court of permissive jurisdiction?
Art 267(2) if decision is necessary then the court may refer the question. Not last chance court
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What is a court of mandatory jurisdiction?
Art 267(3) Court of final importance must refer - against whose decision there is no judicial remedy under national law
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What did Costa establish?
Court whose judgement in the case in Q is not subject to appeal by national courts for preliminary rulings
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What does Rheinmuhlen establish?
Guidelines of PJ ECJ - may refer at any stage of the proceedings; but usually after P's heard and facts established.
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What is the exception to Permissive jurisdiction rule?
If a national court is doubtful whether EU secondary legislation is valid, the national court even a court of PJ should refer the Q of validity to ECJ immediately
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What does Foto Frost establish?
Only ECJ jurisdiction to deal with validity of EU law. ECJ guidelines
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What did Ex p Else establish?
Court of PJ UK guidelines - is decision on EU point of law critical? If so refer to ECJ. Lord Bingham critical to national courts decision national court to resolve issue in confidence?
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What did Trinity Mirror establish?
Court of PJ UK guidelines - reference most appropriate where Q is of general importance. ECJ rulings likely to promote uniformity throughout EU
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What did Kobler establish?
Incorrect/failure to refer by court of final instance Held by ECJ a state liability claim was possible but the breach would only be sufficiently serious where the infringement is manifested
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What did Copper establish?
Curious situation confirmed Kobler
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What is the legal effect of the ruling?
Binding on the court which made the reference
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What does Art 4(3) TEU establish?
MS must take all appropriate measures to full fill obligation. National court must apply the ruling in subsequent cases s3(1)+(2) ECA
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What is the temporal effect of ECJ's rulings?
Apply to past, existing and future similar cases - judgement retrospectively effective. Rulings on interpretation of EU law retrospective unless exceptional circumstances
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What does Defrenne v Sabena establish?
Reasons from departing from normal principle..1.the exceptional circumstances of the decision 2. the need for legal certainty
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Other cards in this set
Card 2
Front
What did Costa establish?
Back
Limitations of courts jurisdiction - can't deal with issues of national law
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