CJEU; organisation, actions, procedures

Question 1

What does the CJEU consist of?

Answer 1

• The General Court- court of first instance
• Court of Justice

Question 2

When does the CJEU have no jurisdiction?

Answer 2

-CFSP (foreign policy)
-action by law enforcement of MS
why? national sovereignty

Question 3

What is the CJEU procedure ‘failure to act’?

Answer 3

• similair to the action of annulment (263 TFEU) but for non-action rather than action.
• there must be a clear obligation to act,and EU institutions did not.
• no discretion in how to act otherwise there cannot be failure to act.

Question 4

What is CJEU action ‘action for damages’ and what are the conditions?

Answer 4

340 TFEU
-state liability but for EU institutions.
-conditions:
1. unlawful act or conduct by EU institution
2. actual damage suffered
3. causal link between 1+2

Question 5

art. 267 TFEU

What is a ‘prelimenary ruling’?

Answer 5

MS courts ask the CJEU a question on the validity or the intrepation of EU Law.
treaties-intrepetation, secondary EU law-intrepeation+ validity

Question 6

When MUST MS courts ask a preliminary reference?

Answer 6

• When the case concerns the highest court, or a any other court where there is no option of appeal.
• case concerns persons in custody.

Question 7

What are the effects of a prelimenary ruling?

Answer 7

• Binding on national referring court.
• Authoritive for all other national courts.
• in effect, same as action for annulment.

Question 8

What are the exceptions to duty to refer on courts of last instance?

Answer 8

1. Question is irrelevant for actual case.
2. Question already interpreted by CJEU.
3. correct application of EU law is very obvious so prelimary reference is not needed.

Question 9

‘3. correct application of EU law is very obvious so prelimary reference is not needed.’ WHAT MUST COURTS PROVE BEFORE THEY COME TO THIS CONCLUSION?

Answer 9

• compare different languages, take in account different meanings of terminology, place every provsion of EU law in its context.
• courts must provide reasons for decision not to refer.
• QUESTIONS OF VALIDITY MUST ALWAYS BE REFERRED (because nationl courts cannot decide on this).