Chapter 6 Self-test questions

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. What is the core rationale for the preliminary rulings procedure?

The application of the principle of supremacy of EU law. correct incorrect

To provide a right of appeal for individual claimants. correct incorrect

To ensure that Member States comply with their EU obligations. correct incorrect

To ensure the uniform and consistent interpretation of EU law. correct incorrect

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. What is the Court of Justice's jurisdiction under Article 267(1) TFEU?

To deliver preliminary rulings on the interpretation of the European Convention on Human Rights. correct incorrect

To deliver preliminary rulings on the interpretation and validity of EU law. correct incorrect

To make preliminary references to national courts on the interpretation and validity of EU law. correct incorrect

To deliver preliminary rulings on the interpretation of national law. correct incorrect

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. Which courts have a discretion to refer under Article 267(2)?

Only national courts of final appeal. correct incorrect

Only national courts of first instance. correct incorrect

Any national courts or tribunals. correct incorrect

Only national courts of appeal and final appeal. correct incorrect

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. A provision of EU law whose meaning is clear can be termed "_______".

Your response

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. How have the national courts tended to interpret the 'acte clair' guideline when deciding whether to make a preliminary reference?

More loosely than CILFIT requires. correct incorrect

According to its meaning under French administrative law. correct incorrect

According to its meaning as enunciated in CILFIT. correct incorrect

More rigorously than CILFIT requires. correct incorrect

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. What principle was established in Da Costa?

A previous ruling of the Court of Justice removes the obligation of a court of last resort to refer, where the facts and questions of interpretation are identical. correct incorrect

A previous ruling of the Court of Justice does not remove the obligation of a court of last resort to refer, even where the facts and questions of interpretation are identical. correct incorrect

A previous ruling by the Court of Justice on the same question precludes a reference by a national court. correct incorrect

A previous ruling by a higher national court on the same question precludes a reference by a national court. correct incorrect

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. The Court of Justice has rejected references and refused to give a preliminary ruling where it has considered that Article 267 TFEU is being misused. Grounds given by the Court include the fact that the question referred does not concern EU law or that the national court has failed to explain the context of its questions. Which other grounds have been given by the Court of Justice? Please select all that apply.

There was no genuine dispute correct incorrect

There was a clear possibility of appeal on a national level correct incorrect

The questions referred were irrelevant to the dispute correct incorrect

The national court did not obtain prior approval to refer correct incorrect

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. What principle was established in Rheinmühlen?

A previous ruling on interpretation by a higher national court does not preclude a reference by a lower national court. correct incorrect

A national court of first instance is not required to apply the interpretation of EU law provided to it by the Court of Justice in response to a preliminary reference. correct incorrect

A previous ruling on interpretation by the Court of Justice precludes a reference by a national court. correct incorrect

A previous ruling on interpretation by a higher national court precludes a reference by a lower national court. correct incorrect

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. In CILFIT, how did the Court of Justice extend the Da Costa principle concerning previous rulings?

A previous ruling on a similar question by a higher national court removes the obligation to refer. correct incorrect

A previous ruling on the same question by a higher national court removes the obligation to refer. correct incorrect

A previous ruling by the Court of Justice removes the obligation to refer, even where the questions at issue are not strictly identical. correct incorrect

A previous ruling by the Court of Justice removes the obligation to refer, so long as the questions at issue are strictly identical. correct incorrect

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. The Court of Justice has explained in its case law (Foto-Frost) and its subsequent Recommendations to national courts (OJ 2012/C 338/01) that a national court should make a preliminary reference whenever there is doubt as to the validity of an EU measure which is relevant to the outcome of the case. This means that a national court, under those circumstances, can make a preliminary reference as to the validity of a provision of the TFEU.

True correct incorrect

False correct incorrect