What is Article 234 EC?

Article 234 EC Treaty (ex Art. Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.

What is Article 230 EC?

The action for annulment, in Article 230 of the ec treaty, is the main mechanism for judicial review in the community legal order. it enables Member states, community institutions and ‘natural or legal persons’ to challenge the legality of community measures.

What is Article 30 EC Treaty?

Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to customs duties of a fiscal nature.

Who can seek a preliminary ruling?

Under the discretionary reference stipulated in Article 267(2) TFEU, a national “court or tribunal” may ask the ECJ to give a preliminary ruling if it considers that a decision on the question is “necessary” to enable it to give a judgment in a particular case.

What is Article 28 EC?

Article 28 EC provides that “[q]uantitative restrictions on imports and all measures having equivalent effect [MEQRs] shall be prohibited between Member States.” This seemingly simple and straightforward provision became one of the most legislated provisions and until today, guidance is requested from the European …

What is Article 28 and 29 of the Treaty on the Functioning of the European Union?

It means that borders are abolished between member countries in relation to the trade of all goods (Article 28 of the Treaty on the Functioning of the European Union (TFEU). Between member countries customs duties, or charges having a similar effect, are forbidden.

What is preliminary ruling in EU?

A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law, given in response to a request (preliminary reference) from a court or tribunal of a European Union Member State. A preliminary ruling is a final determination of EU law, with no scope for appeal.

What conditions must be satisfied for a preliminary question to be referred to the Court of Justice?

be established by law and be permanent; have compulsory jurisdiction; apply the rules of law; and. be independent.

What is preliminary ruling in EU law?

Who can request a preliminary ruling?

12. A national court or tribunal may submit a request for a preliminary ruling to the Court as soon as it finds that a ruling on the interpretation or validity of EU law is necessary to enable it to give judgment.

What is Article 234 of the EU Convention?

Article 234 references should be made only if a ruling by the European Court is necessary to enable the court to give judgment in the case. “Necessary” means that the ruling would be conclusive in the case; if other matters remain to be decided then the ruling would not be considered “necessary”.

When to make an article 234 referral to the European Court?

In Bulmer v Bollinger Lord Denning laid down guidelines for discretionary referrals which are influential but not binding: Article 234 references should be made only if a ruling by the European Court is necessary to enable the court to give judgment in the case.

What is a 234 reference in law?

Such a procedure is known as a “234 reference”. Article 234 (formerly 177) is a provision of the Treaty that empowers the Court of Justice to decide such issues as how the Treaty of Rome should be interpreted and whether or not the European Commission or other bodies have acted properly. From: Article 234 Reference in A Dictionary of Law »

When to ask for a preliminary ruling under Article 234?

According to Article 234, national courts may ask for a preliminary ruling in two cases: 1) a discretionary reference under Article 234 (2); and 2) a compulsory reference under Article 234 (3). Guidelines for national courts with respect to preliminary reference are contained in both Article 234 and in the pronouncements of the ECJ.