ECON-1006EL Study Guide - Quiz Guide: Enel, Preliminary Ruling, Abstract Theory
26 Oct 2020
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Ms court/tribunal: determine relevant facts, interpreting national law and applying eu law to the facts in light of cjeu"s ruling. Cjeu and ms court/tribunal: arsenal fc v reed (2003). Validity of eu acts: cjeu: mandate to verify validity of eu acts (secondary measures). Cjeu has excluded possibility of ms courts/ tribunals determining that union acts have been invaidly adopted. Safeguard for maintaining uniformity of interpretation and application of union law. Acts of the eu: art. 267(1)(b) tfeu: cjeu jurisdiction to interpret or determine validity of acts of the eu institution, bodies, offices, or agencies. Cjeu has adopted a broad definition beyond eu legislative measures referred to in art. Test: whether the act has legal ramifications for the case. Actual legal disputes: cjeu concerned to ensure that pr requests relate to genuine legal disputes. Administrative procedures: nieb ll , grukin and paul and victoria film a/s.
