Preliminary Rulings & the CJEU

• Preliminary rulings are a mechanism for cooperation between national courts and the Court of Justice of the European Union (CJEU).
• It allows national courts to ask the CJEU for clarification on the interpretation or validity of EU law.
• The preliminary ruling procedure ensures uniform application of EU law across all member states.
• Article 267 TFEU is the legal basis for the preliminary ruling procedure.

When a National Court Can/Must Refer

• A national court may refer a question to the CJEU if it considers a decision on the question necessary to enable it to give judgment.
• A national court must refer a question if its decisions are not subject to appeal under national law (court of final instance).
• There is an exception to the mandatory referral if the question is materially identical to a question already answered by the CJEU (acte éclairé).
• An exception to the mandatory referral exists when the correct application of EU law is so obvious as to leave no scope for any reasonable doubt (acte clair).

EU Law Principles

• Supremacy of EU Law means that EU law takes precedence over the laws of member states.
• Direct effect means that certain EU law provisions create rights and obligations directly enforceable by individuals in national courts.
• Direct applicability means that some EU laws (e.g. regulations) automatically become part of national law without the need for national implementing measures.
• Subsidiarity means the EU should only act if the objectives of a proposed action cannot be sufficiently achieved by the member states.
• Proportionality means the content and form of EU action must not exceed what is necessary to achieve the objectives of the treaties.

Court Procedures

• The preliminary ruling procedure starts with a reference from a national court to the CJEU.
• The reference must contain a clear description of the factual and legal context, the relevant national law and EU law provisions, and the reasons why the national court considers a ruling necessary.
• The reference is translated into all official EU languages and notified to the member states, the Commission, and the European Parliament.
• These parties may submit written observations to the CJEU within a specified time limit.
• A hearing may be held where the parties present oral arguments.
• The CJEU delivers its ruling in the form of a judgment.
• The ruling is binding on the referring national court and provides guidance for other national courts dealing with the same issue.
• The national court then applies the CJEU's ruling to the specific case before it.

Role of National Courts

• National courts are the primary enforcers of EU law.
• They are responsible for ensuring that EU law is correctly applied and that individuals can rely on their rights under EU law.
• National courts must set aside any national law that conflicts with EU law.
• They collaborate with the CJEU through the preliminary ruling procedure to ensure uniform interpretation and application of EU law.
• National courts have the power to grant interim relief to protect rights under EU law.
• They can also be liable for damages if they breach EU law.

Case Law Analysis

• Case C-26/62 Van Gend en Loos established the principle of direct effect.
• Case C-6/64 Costa v ENEL established the principle of supremacy of EU law.
• Case C-415/93 Bosman illustrates the application of EU law to sports regulations.
• Case C-224/01 Köbler established the principle of state liability for breaches of EU law by national courts of last instance.
• Foto-Frost (C-314/85) confirmed that national courts cannot declare EU law invalid; only the CJEU can do so.
• CILFIT (C-283/81) clarified the acte clair doctrine, limiting the obligation to refer to the CJEU.
• Factortame (C-213/89) established the power of national courts to grant interim relief against national law conflicting with EU law.
• Dassonville (C-8/74) provided an early definition of measures having equivalent effect to quantitative restrictions on trade between Member States.
• Cassis de Dijon (C-120/78) established the principle of mutual recognition, allowing goods lawfully produced in one Member State to be sold in another.