JN204 Lecture Notes - Lecture 3: Preliminary Ruling, Chiron Corporation
18 Nov 2020
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Foglia v novello (no. 2) (244/80) claimed national court and not court should determine when preliminary ruling heard. National court should explain how it has come to conclusion reference is necessary. But court does not have jurisdiction to relating to interpretation of e. c. (now e. u. ) law not arising from genuine inter parties dispute. : any court or tribunal at any level in the domestic hierarchy and regardless of national constraints may refer if feels necessary to enable it to give judgment . See also factortame (no. 1) (c-213/89) concerning constitutional rules. When to refer mandatory jurisdiction: art. 267 (3) t. f. e. u. No right of appeal from italian magistrates" court because sum of money involved so small: difficulty with concrete theory what happens in u. k. when court of. Appeal & supreme court refuse leave to appeal case decided in court of. Acte clair: is obligation on courts of last resort to refer questions of union law to.
