Figure 6.1

In a flowchart, Article 267 points down to, Does question concern interpretation or validity of E U law? This points down in a sequence to, Yes, why? Is referring body a court or tribunal? Yes, why? Is it a court against whose decisions there is, is not a judicial remedy under national law? This branches into judicial remedy and no judicial remedy. Judicial remedy points down in a sequence to, Reference discretionary and Apply guidelines. No judicial remedy points down in a sequence to, Reference mandatory, Except, no reference if. Apply guidelines points to the box which includes acte clair; not relevant; Previous Court of Justice ruling; Grounds for rejection by Court of Justice; Advantages of Court of Justice; Not prevented by domestic precedent; Wishes of parties; Delay; Expense. Except no reference if points down to the group acte clair; not relevant; Previous Court of Justice ruling; Grounds for rejection by Court of Justice. The box branches into both reference and non- reference.

Figure 6.1 The decision as to whether to make a preliminary reference

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