Unit 2: Role & relationship with national courts

Question 1

Dorsch Consult

Answer 1

Preliminary hearing - the criteria of a ‘tribunal or court’

Question 2

Nordsee

Answer 2

Preliminary hearing - the criteria of a ‘tribunal or court’ - an arbitrator in resolving a contractual dispute was not a court or tribunal

Question 3

Brokmeulen

Answer 3

Preliminary hearing - the criteria of a ‘tribunal or court’ - an appeal committee of the Dutch medical profession was a court or tribunal

Question 4

CILFIT

Answer 4

Preliminary hearing - the criteria of a necessary reference

Question 5

Costa

Answer 5

Preliminary hearing - distinguish between courts which must refer & courts which may refer
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Preliminary hearing - can the ECJ refuse to do so - dealing with the meaning of national law only

Question 6

Köbler

Answer 6

Preliminary hearing - must refer & courts which may refer - technically possible for a state to be sued for its highest court’s failure to refer

Question 7

ECJ’s Information Note

Answer 7

Preliminary hearing - must refer & courts which may refer - how the courts with permissive jurisdiction exercise their discretion

Question 8

Trinity Mirror plc

Answer 8

Preliminary hearing - must refer & courts which may refer - ultimate discretion

Question 9

Novello

Answer 9

Preliminary hearing - can the ECJ refuse to do so - Absence of genuine dispute

Question 10

Circostel

Answer 10

Preliminary hearing - can the ECJ refuse to do so - Insufficient factual information