JN204 Lecture Notes - Lecture 2: Italian Wine

• School: WLU
• Department: Digital Media and Journalism
• Course: JN204
• Professor: Bruce Gillespie

Document Summary

Jn204 lecture 2: also, italy"s bar council (gebhard c-55/94) & u. k. "s immigration adjudicator (el-yassini c-416/96) = court or tribunal , vassen (61/65): reference made by dutch social security tribunal. Was considered to be court or tribunal by court as members & panels had to be appointed. & approved by ministers, procedures of tribunal were laid down by ministers & tribunal was bound to apply law & was permanent body: but borker (138/80): court refused to consider reference from paris bar. Council as was not called to give judgment in proceedings. Case was not going to result in decision of judicial nature: nordsee (102/81): reference from privately appointed arbitration body refused. Held arbitrators could not be court or tribunal as jurisdiction not invoked by compulsory regime but because of private contract. Thus, not sufficiently close link to national system of legal remedies. Also, there was no judicial decision : corbiau (c-24/92): reference made by office for director of taxation.