EU Law analysis: This judgment by the Court of Justice, Grand Chamber, is about the preliminary reference procedure (Article 267 TFEU) and the power of courts of last instance in EU Member States not to refer, provided that certain conditions are met. It reaffirms existing case-law and provides further guidance about how domestic courts must decide whether the interpretation of EU law is so obvious as to render a reference unnecessary—on the one hand, they are not required to examine all language versions of EU law and may decide not to refer even in cases where different interpretations are possible but not sufficiently plausible; on the other hand, they must be particularly vigilant, given the objective of uniform interpretation of EU law, and must provide reasoning for their decision not to refer. The judgment confirms the significance of courts of EU Member States in the process of interpretation of EU law...
To continue reading this news article, as well as thousands of others like it, sign in with UUÂãÁÄÖ±²¥ or register for a free trial
EXISTING USER? SIGN IN CONTINUE READING GET A QUOTE
To read the full news article, register for a free Lexis+ trial
**Trials are provided to all UUÂãÁÄÖ±²¥ content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these UUÂãÁÄÖ±²¥ services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
* denotes a required field
EU Law analysis: The claimant, a British citizen, challenged rules in French law which prevented her from voting in France following the UK leaving the EU on 31 January 2020. She argued that the fact she had resided in France since 1984 and had been an EU citizen meant that she should continue to be
The supremacy of EU lawScope of supremacyAs originally drafted, the EU Treaties did not include any provision by which the supremacy, or as it is alternatively referred to, the primacy of EU law was guaranteed. Overwhelmingly, the application of the principle of supremacy by the Court of Justice has
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Early leavers—preservationFORTHCOMING DEVELOPMENT: Section 10 of the Finance Act 2022 will increase the normal minimum pension age (NMPA) from 55 to 57 on 6 April 2028 (save for members of the firefighters, police and armed forces public service pension schemes).The Finance Act 2022 will also give
0330 161 1234