Post by account_disabled on Jan 2, 2024 6:27:47 GMT -5
Athe Court a question concerning the interpretation or the validity of Union law if they consider that a decision of the Court in this regard is necessary for them to give a judgment see Article second paragraph TFEU. A preliminary reference can prove particularly useful when a new question of interpretation is raised before the national court which is of general interest for the uniform application of Union law or when the existing case law does not seem to provide the necessary clarification in a framework new legal or factual.
If such a question is raised in a case pending before a court whose Country Email List decisions are not subject to any appeal in domestic law that court is however obliged to refer the Court with a request for a preliminary ruling see Article third paragraph of the TFEU unless there is already established jurisprudence on the matter or the case where the correct way of interpreting the legal rule in question leaves no room for any reasonable doubt. . On the other hand it follows from consistent jurisprudence that although national courts have the possibility to reject grounds of invalidity brought beforeoffice or agency of the Union the possibility to declare such an act invalid is instead the exclusive competence of the Court.
When in doubt as to the validity of such an act a court of a Member State must therefore refer to the Court indicating the reasons why it considers that the act is not valid. The object and extent of the request for preliminary ruling . The request for a preliminary ruling must refer to the interpretation or validity of Union law and not to the interpretation of the rules of national law or to factual issues invoked in the main litigation. . The Court cannot rule on the request for a preliminary ruling unless Union law is applicable to the main case. In this.
If such a question is raised in a case pending before a court whose Country Email List decisions are not subject to any appeal in domestic law that court is however obliged to refer the Court with a request for a preliminary ruling see Article third paragraph of the TFEU unless there is already established jurisprudence on the matter or the case where the correct way of interpreting the legal rule in question leaves no room for any reasonable doubt. . On the other hand it follows from consistent jurisprudence that although national courts have the possibility to reject grounds of invalidity brought beforeoffice or agency of the Union the possibility to declare such an act invalid is instead the exclusive competence of the Court.
When in doubt as to the validity of such an act a court of a Member State must therefore refer to the Court indicating the reasons why it considers that the act is not valid. The object and extent of the request for preliminary ruling . The request for a preliminary ruling must refer to the interpretation or validity of Union law and not to the interpretation of the rules of national law or to factual issues invoked in the main litigation. . The Court cannot rule on the request for a preliminary ruling unless Union law is applicable to the main case. In this.