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Cilfit

Violation of the duty to make apreliminary reference under ...

Exceptions to this obligation were set out by the ECJ in the CILFIT judgment. Adomestic court of last instance is not requir ed to make apreliminary reference, where the question of interpretat ion is irrelevant, where the ECJ has already ruled on the point, or in acase where the interpretation of ...

ÍKLADECH BRITSKÉ JUDIKATURY) APPLICATION OF THE ‘ACTE ...

aplikace doktrÍny “acte clair” nÁrodnÍmi soudy a je jÍ zhodnocenÍ ve sv Ětle p ŘÍpadu cilfit (na pŘÍkladech britskÉ judikatury)

THE PRELIMINARY REFERENCE PROCEDURE: CONSTRAINTS AND REMEDIES

Mitigating the rigour of the texts The Court has mitigated the rigour of the texts in three ways: by informal contacts between the Court Registry and national courts; by rejecting some references as inadmissible; and through the CILFIT 6 judgment.

THE PRELIMINARY RULING BEFORE THE CONSTITUTIONAL COURTS

Linde, Praha 2005, p. 206. 3 See judgment of the Court of Justice of 6 October 1982, case 283/81 Cilfit . 4 See par. 13 and 14 of the judgement Cilfit . 5 See par. 16 of the judgement Cilfit .

The European Court of Justice as lawful Judge

The ECJ established some criteria a national office must meet in order to be qualified as a court or tribunal in the legal sense of Article 234 (2) and (3) EC: "In order to determine whether a body making a 5 ECJ Case 283/81, CILFIT [1982] ECR 3415, para.

Law of the European Union / European Community Law 

There is considerable similarity between criteria (b) & (c) in CILFIT and (i) & (ii) of Bulmer v . Bollinger (supra). They amount to acte clair .

VIII

From CILFIT to ERT: The Constitutional Challenge Facing the European Court, Yearbook of European Law, Claredon Press, Oxford 1991, p. 3, Blanchet, D.: L’usage

Preliminary Rulings under Article 267 TFEU [ex. Art.234 EC ...

Thus, the approach now likely to be taken by courts having a discretion to refer approximates to that taken by the ECJ in Case 283/81, CILFIT , a case which concerned the obligation to refer of courts 'against whose decisions there is no judicial remedy,' i.e. courts of final resort.

The Office of Fair Trading (Respondents) v Abbey National plc

The Office of Fair Trading (Respondents) v Abbey National plc & Others (Appellants) The Office of Fair Trading (Respondents) v Abbey National plc

Teaching Material

(G. Federico Mancini & David T. Keeling, From CILFIT to ERT: The Constitutional Challenge Facing the European Court, 11 Y. B. Eur. L. 1, 2-3 (1991)) 2.