EU Law: Preliminary Rulings and Article 267 TFEU

30 Questions

How are the judges and Advocates General of the General Court appointed?

By common accord of the governments of the member states

What is the duration of the term of office for judges and Advocates General?

6 years

What is the requirement for judges and Advocates General to hold office?

Those required for high judicial office in their country

How often are partial renewals of the judges and Advocates General made?

Every 3 years

What is the role of Advocates General in the Court?

They make reasoned submissions on cases

What is the guarantee for judges and Advocates General once appointed?

Tenure

Which of the following types of actions can be brought before the CJEU?

Actions for annulment against the European Parliament

In which area does the CJEU have no jurisdiction?

Area of common foreign and security policy

Which type of action is brought before the CJEU under Article 267 TFEU?

Preliminary ruling

Which court has jurisdiction over disputes involving EU civil servants?

Civil Service Tribunal

Which of the following is not a type of action that can be brought before the CJEU?

Class action

Under which article of the TFEU can the CJEU give an opinion on an international agreement?

Article 218(11) TFEU

What is the primary purpose of Article 267 TFEU?

To provide a mechanism for preliminary rulings from EU courts

Which of the following factors is NOT considered by the Court when determining whether a body is a 'court or tribunal' for the purposes of Article 267 TFEU?

Whether the body has the power to impose penalties

What is the consequence of a court or tribunal of a Member State failing to refer a question to the EU Court under Article 267 TFEU?

There is no specific consequence, but the court may be deemed to have failed in its duty

What is the significance of the CILFIT case (Case C-283/81) in relation to Article 267 TFEU?

It introduced the concept of 'acte clair' as an exception to the duty to refer

Which of the following is NOT a requirement for a body to be considered a 'court or tribunal' for the purposes of Article 267 TFEU?

The body must have the power to impose penalties

What is the effect of a court or tribunal of a Member State failing to meet the requirements outlined in Article 267 TFEU?

The court or tribunal will be deemed not to be a 'court or tribunal' for the purposes of Article 267 TFEU

What is the primary objective of the cooperation between national courts and the Court of Justice?

To prevent divergences in judicial decisions on questions of Community law

Which article is particularly relevant to the obligation to refer a matter to the Court of Justice?

Article 177

What is the scope of the obligation to refer a matter to the Court of Justice assessed by?

The powers of the national courts and the Court of Justice

What is the ultimate goal of ensuring the proper application and uniform interpretation of Community law?

To prevent divergences in judicial decisions on questions of Community law

What is the relationship between national courts and the Court of Justice in the context of Community law?

Cooperative, with the Court of Justice providing guidance on interpretation

What is the consequence of divergences in judicial decisions on questions of Community law?

The occurrence of legal uncertainty within the Community

What is the role of the national court in relation to the preliminary ruling?

To assume responsibility for the subsequent judicial decision and determine the need for a preliminary ruling

What is the condition for the Court of Justice to give a ruling on the interpretation of Community law?

The question must be clearly articulated and the facts must be sufficiently clear

What is the exception to the principle that the Court of Justice is bound to give a ruling on the interpretation of Community law?

In exceptional circumstances, where the Court can examine the conditions in which the case was referred to it

What is the requirement for the question to be referred to the Court of Justice?

The question must be relevant and the facts must be sufficiently clear

What is the principle established by the case-law of the Court of Justice?

It is solely for the national court to determine the need for a preliminary ruling and the relevance of the questions submitted

What is the court's approach in examining the conditions in which the case was referred to it?

In exceptional circumstances, the Court of Justice can examine the conditions in which the case was referred to it

Study Notes

Article 267 TFEU

References for a preliminary ruling can be sent by courts or tribunals of member states, with the concept of "court or tribunal" defined by EU law.
Factors considered to determine if a body making a reference is a "court or tribunal" include:
- Whether the body is established by law
- Whether it is permanent
- Whether its jurisdiction is compulsory
- Whether its procedure is inter partes
- Whether it applies rules of law
- Whether it is independent (Cartesio, para. 55)

The Duty to Refer on Courts of Last Instance

Courts or tribunals of member states against whose decisions there is no judicial remedy under national law must bring the matter before the Court (art. 267 TFEU)
However, there are exceptions for questions on interpretation

CILFIT – Case C-283/81

Specialized courts: formerly, the Civil Service Tribunal (dissolved in 2016); currently, the General Court and the Court of Justice

The Composition of the Court of Justice

Appointed by common accord of the governments of the member states
AGs make reasoned submissions on cases in open court, with the qualifications required being those for high judicial office in their country
Elected for a period of 6 years, with partial renewals every 3 years

Jurisdiction of the CJEU

Direct actions: infringement (art. 258 TFEU), action for annulment (art. 263 TFEU), failure to act (art. 265 TFEU), non-contractual liability (art. 268, 340 TFEU)
Indirect actions: preliminary ruling (art. 267 TFEU), opinion on international agreement (art. 218(11) TFEU)
No jurisdiction: CFSP (art. 275 TFEU), or review of validity/proportionality of operations carried out by law enforcement services of a member state (art. 276 TFEU)

Distribution of Work in the CJEU

EU Civil Servants: labour and non-contractual liability disputes
Natural and legal persons: infringement actions and prior opinions
EU Institutions: annulment actions, failure to act, and non-contractual liability
Member States: infringement actions and prior opinions

The Obligation to Refer a Matter to the Court of Justice

Based on cooperation between national courts and the Court of Justice to ensure the proper application and uniform interpretation of Community law
Seeks to prevent divergences in judicial decisions on questions of Community law

Questions on Validity or Interpretation

The Court of Justice can look into its own jurisdiction
The problem cannot be hypothetical, the question must be relevant, clearly articulated, and the facts must be sufficiently clear
Examples: Foglia, Filipiak C-314/08, Bacardi-Martini Case C-318/00

This quiz covers the concept of preliminary rulings in EU law, including who can send a question and the role of courts and tribunals in member states.

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